ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT