Test results from a court ordered inspection of Westview High School and Martin Middle School by an independent, neutral firm, to check for mold and moisture problems, has resulted in additional legal action on the part of the plaintiffs involved in a lawsuit alleging mold problems at the schools.

 

Plaintiff’s Argument

 

    On Wednesday, February 4, attorneys Larry E. Parrish and Amber Griffin, representing Carol Hinman and her minor children – Griffin Pochop, Dominique Pochop and Paige Pochop, filed the third amended complaint against the Weakley County School Board alleging common law negligence, public nuisance and fraud. The plaintiffs also seek compensatory and punitive damages, recovery of costs and attorneys fees.

    Parrish provided the Dresden Enterprise with copy of the amended lawsuit and a news release explaining the intent of the lawsuit.

    According to the release, on January 16, 2009, plaintiffs filed the Mold Remediation Inspection Report for Westview High School and Martin Middle School. This report was written as the result an inspection ordered by the Circuit Court for the 27th Judicial District of Tennessee. The inspection for the presence of water intrusion and visible mold growth was conducted after the completion of the remediation provided by the Weakley County Board of Education, in response to the lawsuit filed against them alleging negligence due to the presence of harmful mold within Westview High School walls.

    As agreed by both parties, in accordance with the court order issued June 3, 2008, the inspection was conducted by EHS Services, LLC, of Hendersonville, Tennessee, which is a neutral third party.

    Parrish states the report shows active water intrusion in areas such as the theater, with saturated and warped flooring and water running down the wall when there is a heavy rain. The library also had evidence of damage, and the inspector reports that the suspended ceiling shows signs of water intrusion throughout the school.

    Parrish argues that visible mold growth was present in areas associated with the water intrusion problems identified, including potential mold growth under the wood flooring in the theater, growth under some bookshelves in the library, growth on items in different areas of inspected classrooms, various ceiling tiles, supply registers, and air handling units, which showed heavy buildup on the insulated filters.

    Parrish states Martin Middle School was also inspected, and the report shows water damage associated with the suspended ceiling, ceiling tiles, light fixtures, and HVAC supply registers. Water stains were also evident on carpet in several areas of the school, and visible mold growth was identified in the various classrooms, ceiling tiles, and supply registers in the school.

    On February 4, 2009, plaintiffs filed the third amended complaint alleging fraud in their complaint against the Board of Education. In summary, the plaintiffs allege the Board of Education denied that a mold problem existed at Westview, when, in fact, the Board knew of the mold problem as early as 1998, when memos, issued in 1998 and 1999, discuss “heavy mold . . . evident on the gym concrete bleacher areas” and “numerous ceiling tiles stained from condensation.”

    The Board of Education also sued H&M Construction, Fleming Associates/Architects P.C. and Hughes Mechanical Contractor, Inc. in April of 2000, alleging in paragraph 15 of the complaint that “On or about March 13, 1998, plaintiffs, or its employees or agents, noticed substantial moisture problems and high humidity levels inside Westview High School, which caused microbial growth, mildew and mold throughout the school, thereby damaging the school structure, plumbing and contents.”

 

(Read the rest of this story in the February 18th print edition of the Dresden Enterprise.)

   

    During the Thursday, February 12 meeting of the Gleason Board of Mayor and Aldermen, members voted to approve a resolution increasing court costs for assorted violations. The board also approved applying for grant funding for the Gleason Fire Department, repairs to the water plant roof, installing a countertop in the concession stand at Snider Park, a city audit for fiscal year 2007-2008, and accepted a bid for sewer rehabilitation work.

 

Court Costs Increase

 

    In order to make the court costs charged in Gleason City Court comparable to neighboring municipalities, board members voted to approve the first reading of an ordinance increasing the amounts charged for assorted offenses. The ordinance also notes the purpose of the increase is due to the fact that the previous fines and court costs are not having the desired effect.

    Generally speaking, the ordinance increases most of the court costs from $50 to $75.

    “We were below nearly every other place,” Dunning said. He stated Gleason Police Chief Edmond Stewart and City Recorder Angela Hunt have jointly developed a new fee schedule for fines and court costs. Dunning added that Gleason City Judge Tommy Moore has approved the fee schedule.

    Chief Stewart stated that the fees schedule is no higher than the other municipalities in the area and is lower than some. “It’s a change of the times,” Stewart said. He explained that with the cost of everything increasing, the court costs need to adjusted accordingly.

(Read the rest of this story in the February 18th print edition of the Dresden Enterprise.)

    Martin police officers arrested two individuals last week on assorted drug-related charges.

    According to Martin Police Chief David Moore, on Monday, February 9, Martin police investigators received information from Weakley County Sheriff’s Investigator Marty Plunk that 48-year-old Chester E. Jenkins of Weakly County Nursing Home Road in Dresden, was possibly at No. 47 Volunteer Trailer Park in Martin. Martin police were seeking Jenkins to serve him with a warrant for failure to appear in Weakley County Court. 

    Moore states officers proceeded to that location and arrested Jenkins on the warrant and subsequently found evidence suggesting methamphetamine was being manufactured at the residence. 

    Evidence inside the trailer, as well as Jenkins appearance, indicated that a chemical lab explosion had taken place recently. 

    A search warrant was procured for the residence and Martin investigators, and investigators from the 27th Judicial District Drug Task Force, processed the trailer for evidence. 

    A clandestine lab cleanup team was notified through DEA protocols and responded to remove all of the hazardous materials. 

    The Martin Fire Department stood by for response if necessary during the cleanup and provided portable lighting for the operation. 

    The trailer has been quarantined until the owner has proper cleanup for the site and environmental testing completed.

    Also arrested at the location was 47-year-old Kathleen Collett.

    Both are charged with promotion and manufacture of methamphetamine, possession of methamphetamine and marijuana, and drug paraphernalia. 

 

(Read the rest of this story in the February 18th print edition of the Dresden Enterprise.)