Did Mold Cause Child's Asthma?

Tenant sued landlord for damages, claiming personal injury to her child. She claimed that the child developed asthma from exposure to mold in the apartment. Landlord asked the court to dismiss the case without a trial, claiming that mold hadn’t caused the child’s condition and that it had abated the condition after receiving notice of it from tenant. The court and appeals court ruled against landlord. A trial was needed since landlord failed to prove it couldn’t possibly have caused the injury. Landlord submitted a doctor’s opinion that mold didn’t cause the child’s condition. But landlord’s expert didn’t say that mold was incapable of causing asthma or whether the scientific community generally accepted or rejected the theory that it did. Landlord’s expert also didn’t sufficiently address what could have caused the child’s asthma. Landlord also hadn’t proved it properly remedied the condition. Tenant claimed that she had complained about mold in 1993, but the condition remained for at least another five years.

Cabral v. 570 West Realty, LLC: NYLJ, 5/12/10, p. 34, col. 3 (App. Div. 2 Dept; Mastro, JP, Dickerson, Belen, Chambers, JJ)