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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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