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By David
Fisher
Staff
Reporter |
A court order issued last Friday by 27th Judicial Circuit
Court Judge William Acree details the conditions for
remedying the alleged mold problem at Westview High School.
The court order was issued as a result of a lawsuit filed
against the Weakley County School Board in December by Carol
Hinman, the mother of Griffin and Dominique Pochop, which
asked for a temporary injunction hearing to prevent Westview
from being used as a high school while contaminated with
toxic mold.
Hinman’s attorneys argued that her children tested positive
for mold exposure and have been suffering many of the
symptoms experienced by Westview student Caleb Joost. Hinman
had asked the Board of Education for mold remediation over
the past several months at school board meetings. When the
school board failed to hire a professional mold remediation
firm to correct the problem, Hinman filed suit seeking a
court ordered solution to the problem.
Additional testing was conducted by toxicologist Richard
Lipsey, Ph.D. on January 29 and 30, 2008. Dr. Lipsey sampled
both Westview High School, where Hinman’s son, Griffin, is a
senior, and Martin Middle School, where Hinman’s youngest
child, Paige Pochop, is a student.
Based on evidence collected as a result of that sampling, a
motion seeking a temporary restraining order against the use
of Westview was filed and heard on February 4, 2008. The
motion sought to enjoin the Weakley County Board of
Education from using Westview High School, due to the high
amounts of toxic mold found on January 29 and 30.
A motion seeking a temporary restraining order against
Martin Middle School was filed February 11, 2008. Judge
Acree heard the motion on Friday, February 15, 2008. The
motion sought to enjoin the Weakley County Board of
Education from using Martin Middle School, due to the high
amounts of toxic mold found on January 30. During Friday’s
hearing, Dr. Richard Lipsey, a toxicologist who is an expert
witness for the plaintiffs, offered his testimony in the
case regarding the lab test results of samples taken at
Westview and Martin Middle School. Dr. Lipsey stated that
both schools contain high levels of very toxic molds and
bacteria that seriously affect the health of the students,
faculty, and staff, including the Pochop children.
Additionally, Judge Acree signed an order allowing for the
filing of a third party complaint by the Weakley County
School Board naming various contractors as defendants in
connection with the case concerning the construction of
Westview High School.
Court Order
The court order, dated Monday, February 11, 2008, came after
Judge Acree heard evidence and testimony in recent hearings
on the presence of alleged toxic mold at Westview High
School, which according to plaintiffs Carol Hinman and her
two children – Griffin Pochop and Dominique Pochop, has
already harmed the health of students, and must be removed
from the school in order to insure the safety of all the
building’s occupants.
The court order states the following:
“This matter came to be heard before this Honorable Court on
Monday, February 4, 2008, upon the plaintiffs’ motion for a
temporary restraining order and temporary injunction
regarding Westview High School. Upon the oral arguments of
counsel, and this Honorable Court having expressed its
reluctance to grant the relief sought by the plaintiffs, it
is hereby ordered by the Court as follows:
1. The
Weakley County Board of Education will conduct a school-wide
inspection of Westview High School to determine the extent
of mold growth, if any. Any inspections will take place
after 3 p.m. on Monday through Friday or anytime on Saturday
and Sunday;
2. Board
will immediately employ a professional third party
remediation company to remediate signs of mold growth
discovered during the inspection referenced in paragraph 1.
Any and all remediation will be conducted in accordance with
the guidelines set forth in the EPA Mold Remediation in
Schools and Commercial Buildings handbook and is understood
to be an immediate and temporary remedy, with permanent
remediation to occur in the summer. Any and all remediation
will be photographed and documented as it occurs;
3. The
Weakley County School Board will preserve and store any
materials removed from Westview High School during the
remediation described in paragraph 2, above, at the Weakley
County School Board of Education central offices that can
reasonably be preserved and stored;
4. At
the conclusion of the remediation described in paragraph 2,
above, the herein parties will endeavor to agree upon a
neutral third party to inspect said remedial work. In the
event the parties are unable to agree upon a neutral third
party, the Court will appoint a neutral third party to
inspect the remedial work performed at Westview High School;
5. Griffin
Pochop and Dominique Pochop will temporarily be permitted to
participate in the “Homebound” program to fulfill their
respective educational requirements mandated by the State of
Tennessee. Carol Hinman will be responsible for picking up
and dropping off the work assigned to Griffin Pochop and
Dominique Pochop while they are participants in the
“Homebound” program. Griffin Pochop and Dominique Pochop
will be removed from the “Homebound” program and will be
required to attend classes at Westview High School
voluntarily, at the conclusion of the remediation described
in paragraph 2, above, or by Order of this Court; and
An inspection of the
dampers and pneumatic air system will be conducted at
Westview High School. This inspection will determine if the
dampers should be reconnected at this time. The parties will
endeavor to agree upon a neutral third party to inspect the
dampers and related systems and the expert will be hired by
the Board. If the parties are unable to agree upon a neutral
third party, the Court will appoint a neutral third party to
inspect the dampers and related systems of Westview High
School.”
(Check out the rest of this story in this
week's print edition of the Dresden Enterprise!)