By RVAR Counsel David Bullington

In January, 2009, a Loudon County couple received a $4.75 million jury verdict in a case against their home builder for illness and other damages suffered as a result of extensive mold problems in their new home.  The verdict, which appears to be a record amount for such a claim in Virginia, was subsequently reduced by the trial court to $1.4 million after trial.

Paul and Wendy Meng purchased a new home in Loudon County from The Drees Company in November 2005 for $900,000.00.  Drees is a large national home builder and was named “2008 America’s Best Builder” by Builders Magazine, the publication of the National Association of Home Builders.  During construction, the Mengs noticed that the house was not protected from weather, which allowed water to saturate the building materials.  According to the Mengs, Drees did not allow the wood framing to dry before covering it with drywall, and leaks continued after the drywall was installed.  Evidence was also presented that the windows were not installed properly and that window leaks were not repaired until January 2007.

Shortly after moving into their new home, the Mengs began suffering various ailments.  Paul Meng, a former college track runner, developed asthma, and his wife, Wendy Ming, began to suffer serious migraines that forced her to stay bedridden.  The Mengs’ two children also experienced problems, including nosebleeds, headaches, and asthma.  During 2006 and 2007, Wendy Ming was taken to the hospital seven times for migraines, heart palpitations, memory loss, and other neurological symptoms.  She underwent various tests and her doctors were initially unable to determine the cause of her problems. 

After her husband Paul began to suspect the house as the source of problems, a series of tests was performed in early 2007 confirming the presence of mold in the house.  The Mengs vacated the house in April 2007 and disposed of clothing, furniture, and other items they said were contaminated by mold.  According to the Mengs’ expert medical witnesses, chronic low dose exposure to mold caused the family’s illnesses.  As a result of the mold exposure, the Mengs also began to suffer from chemical sensitivity.  The Mengs continued to suffer symptoms until September 2008, when the family was treated by a doctor in a “biodetoxification” program in his clinic in South Carolina.

During the jury trial, the Mengs presented evidence of $577,000.00 in damages, including $28,000.00 in medical expenses, $400,000.00 in mold remediation estimates, $100,000.00 in discarded personal property contaminated by mold, and temporary housing expenses.  The jury returned a total verdict of $4.7 million on several counts, including fraud, negligence, and the Virginia consumer protection statute.  After post trial motions, the trial judge overturned the $1.47 million awarded by the jury on the fraud count and the $500,000 awarded on the consumer protection count, finding insufficient evidence to support those legal theories.  The judge also determined that the $2.77 million awarded by the jury on the negligence counts was excessive, primarily due to the absence of any evidence of permanent physical injury to the Mengs, and reduced the award to $1.4 million.