Mom can’t receive damages based on daughter’s injuries caused by mold

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The Indiana Court of Appeals reversed a compensatory damage award of $20,000 to the parents of an adult daughter who was sickened by mold growing in her apartment after finding the facts of the case don’t support the amount awarded.

Brittany Murphy and her father, Kendall Murphy, signed a lease for Brittany Murphy to live in an apartment in Marshall County while she attended Ancilla College and played basketball for the school. Her friend, Jay Frazier, also enrolled in the school and they decided to live together, although Frazier did not pay any rent or sign the lease. Brittany Murphy paid rent with the help of her parents.

The two leased an apartment that is below-grade and requires a dehumidifier to remove moisture. The lease includes a mold clause that says Hi-Tec as lessor had no personal responsibility for personal injury or property damages as a result of mold and the lessees agreed to save harmless Hi-Tech for personal injury, suffering, etc.

After living in the apartment for a few weeks, Brittany Murphy and Frazier became ill and their asthma was aggravated. Brittany Murphy even had trouble playing basketball. They discovered mold and contacted Hi-Tec. The company moved them into an above-grade apartment.

Brittany Murphy; her parents, Kendall and Lorie Murphy; and Jay Frazier sued Hi-Tec alleging negligence, fraud and breach of contract. They alleged the company knew the apartment had previous issues with mold when renting it to Brittany Murphy and Frazier. The trial court ruled the exculpatory clause contained in the lease immunizing the company against liability for injuries caused by mold was void as against public policy. The jury found Hi-Tech 100 percent at fault and awarded Brittany Murphy and her parents $10,000 each in compensatory damages and $15,000 in punitive damages for Brittany Murphy. Frazier received no compensatory damages.

The Court of Appeals affirmed the trial court’s finding that the exculpatory clause was void, noting the clause is inconsistent with common-law principles of tort law that a landlord may be held liable for personal injuries caused by latent defects known to the landlord but unknown to the tenant and which the landlord fails to disclose.

The judges affirmed the amount of damages awarded to Brittany Murphy, but reversed the amount her parents are entitled to receive. Kendall Murphy is only entitled to $2,360, the amount he paid in rent to Hi-Tec on the apartment. And there’s no evidence that Kendall and Lorie suffered any damages as a result of Hi-Tech’s alleged fraud or negligence. Lorie Murphy did not sign the lease and did not live there, so she is not entitled to any damages.

The case, Hi-Tec Properties, LLC v. Brittany Murphy, Kendall Murphy, Lorie Murphy, and Jay Frazier, 50A05-1401-CT-14, is remanded for further proceedings.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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