Course Project
MGMT 597 – Business Law
CASE 49.1 NEGLIGANCE: NEW HAVERFORD PARTNERSHIP V. STROOT and WATSON
Parties
Plaintiff 1 is Elizabeth Stroot, a 33 year old graduate student who has suffered from allergies and asthma since childhood. Stroot was a tenant at Haverford apartments.
Plaintiff 2 is Joletta Watson, friend and roommate of Elizabeth Stroot and a tenant of Haverford apartments from 1990 to 1994.
Defendant is New Haverford Partnership, the owner of Haverford apartments.
Facts
In August 1992, Elizabeth Stroot and a roommate, Joletta Watson, moved into an apartment on the third floor of Haverford Place. (Case Law) While living in this apartment with Watson, Stroot immediately discovered mold around the windows and
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During this time, Watson started to experience health problems. These problems included frequent headaches, sinus issues, chest pains, body aches, and fatigue. Watson went to he doctor and obtained medicine, however, she did not feel any better until she was no longer living at Haverford Place, six months later. Watson had developed an allergy to Penicillium and suffered from permanent upper respiratory problems due to her exposure to the mold.
Procedure
The plaintiffs, Stroot and Watson, brought the appeal on three theories of tort liability: 1. Ordinary or common law negligence based on Landlord’s alleged failure to maintain safe and sanitary conditions in the apartments, 2. Negligence based on alleged violations of the New Castle County Code 3, 3. Negligence based on alleged violations of the Landlord Tenant Code. The jury of the trial courts found in favor of the plaintiffs on all three forms of negligence. The plaintiffs also offered testimony from several expert witnesses. The first expert witness is Dr. Yang, a mycologist and microbiologist. After inspecting Haverford Place, he stated that there was excessive and atypical mold growth in the apartment buildings caused by long term leaks. He opined the widespread mold contamination posed a health risk to tenants. The next, Dr. Johnanning, a physician board-certified in environmental and occupational medicine, also inspected and noted similar data from Haverford Place.
-Goodvalue did not exercise reasonable care in response to known attacks on the premises (8 reported attacks in the 18 months before the incident involving Mr
M was taking a look at his leg that was injured but seemed to be healing. All was thought to be well until one office visit the doctor went across the hall to check on another patient who seemed to have an infected leg. The doctor left the door open where confidentiality here was obviously not being taking into consideration for the patient he was seeing as well as others who were able to hear them. Since the door was open, his parents noticed that he did not change his gloves while entering that other room and came back to check on their son with no gloves on. Dr. M was concerned about Jacobs leg and told him to come back the following week while treating it with antibiotics. The following week he comes back only to see that he has developed osteomyelitis. This was the same infection that the other patient developed while under the care of his supervision. Jacobs delay in his recover cost him the opportunity to play football and a college scholarship. Jacobs’s parents then resorted to suing Dr. M because of his negligence and lack of medical
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Weintraub Genshlea & Sproul, Rosemary Kelley, Charles L. Post, and William S. Jue, for Plaintiff Nosrat Khajavi.
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At the request of CB Richard Ellis Ltd. a Site Specific Indoor Air Quality Evaluation and Mould Colonization Activity Assessment was undertaken within the Annex Building of the Sudbury Court House (B11589) located at 155 Elm Street, Sudbury, Ontario. This site specific investigation is in response to concerns expressed by staff within the facility. A Site Specific Indoor Air Quality Evaluation is the measurement of the concentration or range of parameters that evaluate the air quality and the visual inspection of the conditions of the facility. The results of the air quality measurements are then compared to authoritative recommendations to determine the potential for adverse indoor air quality issues. The diversity of the parameters measured
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Plaintiffs’ argument that any waiver of a prior alleged breach did not result in waiver of their constructive eviction claim for each subsequent breach also falls short. As Plaintiffs recognize, the lease obligated Defendants to make repairs within 60 days of receiving notice. See Apartment Lease, ¶¶ 6.B, G.D, and 14.B. Pursuant to Plaintiffs’ allegations, in early January 2014, Plaintiffs informed Defendants of conditions of alleged disrepair in the premises. (3rd Am. Compl. ¶¶ 38-39.) As a result, Plaintiffs had until early March 2014 to make the necessary repairs. Instead of vacating the premises within a reasonable time of that date, Plaintiffs renewed the lease term and remained in the premsespremises for an additional seven months. Thereafter, Plaintiffs did not notify Defendants of any other conditions of disrepair until August 23, 2014, when they allegedly advised Defendants of a mold issue. Plaintiffs then vacated the premises on October 3, 2014, which was only 41 days later. (3rd Am. Compl. ¶¶ 47,
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