LAST RESORT/ATTORNEY/LAWSUIT
After we could could'nt get any satisfaction, from all the other angles and approaches, to try and get something done, we went to a well known attorney. We paid a fairly large sized retainer, for this attorney to take our case. We have frequented, numerous hearings, depositions, legal proceedings, court ordered proceedings, as well as had our home inspected on many, many occassions, by many various parties of the defense; as well as ourselves, and our experts, which we would always hire, to disprove the defenses constant allegations against us. We were more involved with our case, than most people are, as we owned our own business, and many times would hire people, to do our job, that we normally did, so as to be able, to try and be involved, with every move of this lawsuit, as we knew something was really wrong, but, could'nt put our finger on what we were really onto, or dealing with.
We waited almost 3 years before the first judge, even got us near a trial, but, prior to this, we were always urged & pushed, to simply settle this lawsuit, for what we always felt, was much, much less than what we had lost, basically, a slap in the face, so to speak, as far as the amount lost, versus, what the defense wanted to pay. We knew we were sick, and we did'nt know the outcome of the medical-situation, and/or, didnt have any idea, what the future medical delimnas and costs, associated from all of this, could turn out being. But we were more worried about our children, than ourselves.
So, appx. a few weeks before this supposed trial, that we were to get, after our attorney had been hounding us, to settle with one of the parties, we finally decided to settle, for what we thought, was a "penny-ante'-settlement". In the mean time, a short while before this trial, and before this small settlement, with the one defendant, whereby we attended a hearing, we offered to settle this lawsuit, with both of the defendants, for basically, whatever the defense wanted to offer, in essence, if the defense, would simply, "non-suit" the children from the case, and simply, just leave them out of this case, in the event, that they had major medical problems later on, then, we would therefore be able to go after these companies, solely, for the childrens medical expenses, because, this was our most important concern, our children, and their well being. We were predominately more interested in the healthcare of our children, so that they would be taken care of. We were not asking for our, the adult/parents healthcare & well-being, just the children, when presenting this offer to settle. It was like fireworks were set off in the courtroom, the defense attorneys were running back and forth, using cell phones and office phones, we assume, trying to get the insurance company on the phone. This lasted for quite a while, but finally, the defense would not do this, or take this deal, how odd? We figured that they all must have known, that there was something, really dangerous about this Mold; as we had already had 3 unsuccessful mediations, as well as a pre-trial settlement conference, that we didnt get to listen in on, which was not successful either, and this would have a been a cheap way out, so we thought, apparantly, this is not what they thought! (Apparantly, the health issues were more worrisome to them, than this money, that they had been fighting over paying us, how odd?) Note: If we were just in this for the money, this would have been a perfect deal for them, unless, they were really concerned about what this Mold had really done to our children! It was if, in essence, that if you dont take what we want to give you, and do it our way, no matter whats wrong with you or your children, we wont do anything! At this time, we really had'nt found out, what all the Mold had done to us, because at this point, we knew little about, the in-depth dangers and information regarding Mold.
The things that we were beginning to learn, as time was passing, regarding Mold, and/or Toxicology, and/or, the damage it has caused us, was really beginning to worry us. Anyway, we ended up settling before the trial, with the manufacturer of the mobile home, for appx. 1/8th of what we had probably lost, due to them being only appx. 10-20% of the blame, of the homes problems, whereby the dealer, was mostly at fault. It's kind of like an automobile that you would buy new, you go back to the dealer first, not Detroit. The dealer is the first point of contact, and he is usually the installer, at least on most mobile homes, especially new ones, this would be who would be responsible for any installation defects, as most all of what was wrong here, was due from the installation. But, both parties, at first, looked equally as guilty, but, as time went by, and with more examinations & investigations of the home, by all the parties; even after the settlement with the manufacturer, we found other major flaws with the home, that was the dealers responsibility, and perhaps, the most pertinent damaging evidence found, that helped rule out some other direct or indirect misconceptions, concerning water damage to our home. Anyway, we really didnt want to let either one of these defendants off the hook at this time, and thought they both needed to go to trial, as they both knew what was wrong with the home, and neither, had acted appropriately, and this manufacturer had'nt stopped selling this dealer homes, even after knowing all of this, not to mention, they were both protecting each other, as well as with each of their attorneys working together, which really helped jumble all of the issues, making it more difficult, at least at first, to decide, who was the most at fault.
While debating the amount of negligence, on both parties, while at our attorneys office, on one of the days, right before this supposed trial, our lawyer made it clear, that the dealer was the main culprit responsible, and then went into his office, supposedly, to call the judge, that was to try our case, our attorney, then came back out of his office, and said that the judge had just told him, that we would get our long awaited trial, now coming up, the following week, against this major culprit, the dealer/installer. Of course, this put us going to court, suing only one defendant now, instead of two, and thus doing so, after settling, with the lesser of the 2 evils, the manufacturer. We finally agreed, but, I told our attorney, that if we dont get our trial next week, like yourself, and the judge are promising, this "peanut settlement", wont make a dent, in what we have lost, and that I would be losing more than this amount, that we are supposedly settling for, in just the next 6 months alone, by having to keep dealing with all of this lawsuit stuff, if we dont get this trial next week.
So, we got the trial the following week, so we thought! After getting in the courtroom, with the jury ready to be picked, after a few things were done, the judge decided to recuse himself, and said that he was too familiar with the family of the mobile home dealer, that we were suing, and that this mobile home dealers brother, was his bailiff & deputy, and this same bailiff/deputies wife, was the defendants/mobile home dealers sister-in-law, and, that she was the court clerk, there at this courthouse we were sitting in! The judge stated in so many words, that he didnt know, that we had this much evidence, against this particular defendant, and that he thought, something to the nature of, that he figured that the case would have been settled by now, and that he had'nt had a chance to look over the information on the case, until the night before! (NOTE: Our case was the longest drawn out case, at most every hearing, that we attended, it usually was set last for the day, almost always, due to all the motions that the defense would file, to get more delays).
On this day of trial, the judge, after recusing himself, also stated, that our attorney, usually settles like appx. 90 or 95% of his cases. I told the judge we wanted a trial anyway, and that from we had seen, on some of his prior cases, whereby we had watched in on, that we thought that he had been fair, and wanted him to go ahead, and try our case. Of course, we had'nt seen an actual trial he'd presided over, most of it had been deliberating in hearings, like our case, and/or, sentencing, on criminal matters, and of course, we were just beginning to learn, what all was really going on in this courthouse, as we were naive' and mute, to the point of legal matters, but learning fast!. The judge, then said he would have to have some time, to think about giving us a trial, after we persisted; as we wanted to go ahead and get our trial, right then and there, so as to get this thing over, and move on with our life. So, then the Judge went into a room, so as to think about it, then came back out shortly, and said he couldnt do this.
This deputy/bailiff, and his wife, the court clerk, would actually follow my wife and I, almost everywhere that we went, in this courthouse, most all of the time, that we were there, even when we would be with our attorney, and even if we would close a door, to try and speak in private to our attorney, we also noticed, that they would take folding chairs, and put them down at the door, whereby we were trying to talk in private, so as to listen to us. This was very annoying, and it seemed as if they owned and controlled the entire courthouse!. One day, while in this courthouse, filing some papers for our attorney, since we lived not too far from this courthouse, and since our attorney was appx. 70 miles away, this court clerk, and her husband/this bailiff/deputy, were sitting in the circuit clerks office, we noticed, that she was never very polite to us, but we never knew, at that time, who she, or her husband were. She looked at me, and sternly' said, that the man sitting over there, was the defendants brother, which was her husband, as he sat there with his gun and badge exposed, leaning back in a chair, I'm assuming, to intimidate us. My wife and I, thought to ourselves, who cares who he is, what was all of that about?
After the judge finally officially recused himself, our attorney, a little later on, came out of the judges back chambers, with a piece of paper, saying that the figures on it, is what the judge thought our case was worth, which was astronomically higher than what had been being offered. I said, well, why won't he just try the case, if he thinks we deserve more? Basically, we left there with our tails tucked, on the premise of getting our case moved to another judge/area/etc.
Later, this case was moved right down the road, to another very close county courthouse, in my and the defendents stomping ground, where we both basically knew most everyone. I had always told my attorney, that this case needed to be moved at least 100 miles from either of our stomping grounds, meaning the defendant and myself, due to us both knowing many people in these areas. I mentioned to the newly appointed upcoming judge, when seeing him one day, that I had a case coming up before him, and that he did'nt need to try my case, because I knew him. He did not seemed pleased by my remarks, and seemed rather annoyed, and sort of stomped off, or walked away rather hurredly, like upset or mad, he could have simply been having a bad day, like many of us do, but, I had always liked him, and he had always been nice to me, so I figured, that this is the right thing to do! I had been on jury duty in 2 counties, and was one of the first, that was usually sent home, due to knowing too many people. I dont know, if by him trying the case, that it would have been fair to myself or to the defense, and I did'nt want any favors, which is what I felt had basically happened in the other county, with the defendant, plus, if the defense, were to later find out, that I knew this judge, our case could most certainly, have gotten thrown out, or simply dismissed. We could have wasted years there, in this courthouse, like the previous one, and we did'nt want to take any more chances, especially, after what I had just seen at the last courthouse, besides, most judges have a backlog, that is why it takes years sometimes, to be able to get to a trial, at least in many instances. I am sure that many judges would be appeased and happy, to recuse themselves, so as not to have a bigger backlog, which is generally the problem, thus causing such long delays. My first thoughts were, he should have been delighted, that I was trying to be honest, and trying to do the right thing, and actually opt-out' of any favors, due to the acquaintance! I just felt on my part, if I were to let this judge try my case, this would not be the moral, honest, ethical or right thing to do. I had filed a complaint on the previous judge with the state judicial review board, and had mentioned that this new judge, didnt need to try this case, and that this trial, actually needed to be moved, 100 miles from my, and the defendants stomping ground. The Juducial Review Board sent back a letter, stating that they had found no wrong doing!
It was very ironic, how one day, I was telling a good friend, about what all had been going on, with our lawsuit, and that I would really like to get a second opinion, like talk to another attorney, about all of this, he said that his brother was an attorney, and had just moved back here from out of state, and had handled some Mold cases, and might know something about the Mold issue as well. So, we talked to him, and he came on board with us, and our other attorney, as well as, got us directed to a doctor, who treats Mold Patients, but, the doctor in which he was referring us to , was out of state. Well, we had heard of the doctor on the internet, this attorney knew of several people that had gotten better, using him, as well as some of his prior clients, that he had represented. We still had problems and Mold sickness symptoms, the children moreso than ourselves. So, here we were, in the middle of a lawsuit, that seemed would never end, and fixing to spend more money, but our health was worth more than any lawsuit will ever be, especially our childrens health. So, we went to this out of state doctor/specialist. The defense accused us of getting this doctor, just to be a hired gun in our lawsuit, in essence, to try and get punitive damages/medical awards, for the injuries that we had sustained, by saying, that we simply found a doctor, who could say that the Mold made us sick! We could care less, about what they thought or said, as we got better, and are still getting better.
So, now, since this new judge had not recused himself, by my asking him personally, our attorney, finally asked this 2nd judge, to recuse himself, at a hearing, of course, at our immeadiate request, this judge finally does so, but, states, that he personally believes this is all, "a bunch of bologna", this really concerned us, as well as confused us!
Now, the court was moved to a third judge, appx. one hundred miles away, but the case was set to be tried, right back in the same county, that I had just asked the judge to recuse himself from. We attended a hearing with this third judge, that we had just been appointed before, after the last one finally recused himself. Appx. a week or so before our upcoming trial, with our third judge; we noticed that there were like 4 or 5 attorneys and like 2 doctors/toxicologists, etc. at this hearing, all there, to strike/try and stop, this out of state doctor, that we went out of state to see, from being able to testify, in our trial, as an expert on Mold & Bio-Toxic Illnesses, as he would have been able to testify, as to what he had actually found wrong with us. The legal loophole, or ruling the defense used, was called the Daubert Ruling', to the best of my remembrance, that can legally disallow, certain things to come in, on a case. The judge had said that the doctor didnt comply with his demands, maybe so, but, from what we were told, what the doctor would have been required to furnish, to be able to comply, was like medical records with HEPA releases on many, many patients, which the doctor didnt feel comfortable with, as per the patients privacy as well, as best as I can understand this. I thought to myself, regardless of all this, common sense would tell you, something is wrong with this picture, why are there so many defense-attorneys and doctors at this hearing, to try and keep this doctor from testifying, as to the Mold/Bio-Toxic Specialty, that he is an expert in, unless, maybe there is something about Mold, that they dont want people to hear? In other words, if the doctor is not credible, tear him down on the stand, why so much opposition, he only has thousands of Mold patients from all over the world, How Odd? So, the judge, finally did allow the doctor, to come into the trial, on our behalf, but, only as a family treating physician, which basically, in essence, allowed him to only say, that we went to him for Mold Sickness, he drew blood, were sick from Mold, he put us on his therapy, we got better, and in so many other simple words of the like, but nothing about the brain damage, the multiple symptoms we all had, the permanent damage, the future treatments and or costs, the unknown damage to our children, due to the MRI's not being able to be performed on them yet, as per the brain, etc., etc. the list goes on and on, but the law is the law, but we are getting better, that is what matters the most.
Had this case not went as far as it has, and as wild as it has been, we wouldnt have found this doctor, and would'nt be able to try and help others, nor put this website together, all due to our experience, resulting in being put through pure hell, trying to do what we thought was the right thing, and seek justice.
So, now we were headed for a real trial, and we got one, with a jury of 12. A 2 week trial at that. And lost, hands down, 12-0; after an appx. 1 Hour in the Jury Box, with lunch fed to the jury, as we were told, while they were deliberating in the box. What we thought was odd, is that, our attorneys furnished a large box, whereby, there were probably several hours of medical records, on our family, that would have had to have been read, to even be able, to come to any conclusion, as to whether we were sick or not, and/or, our problems that we were having, and/or, any future damages. This was all presented to the jury to review.
A young lady that worked in this courthouse, told me, on the day that our trial was over, that she had been working at this courthouse, for appx. 4 years, and that this was the longest civil trial, that she had ever seen, since being there!
Several other attorneys, as well as law-enforcement officers, that I have spoken to since, who have sat in on, and been in trials, told me, that any trial, that they had ever seen, or been involved in, whether civil or criminal, that lasted even 2 or 3 days or longer, in any city, county, state or federal court; always took, usually, at least several hours, or a half day, or even longer, to deliberate on, especially, since this had been such a long drawn out case, with so many issues, especially, with new issues being presented, that were greek to some, like Mold is! They all stated that this was totally unbelievable!
This trial was held in a Masonic Lodge next door to the Courthouse, that we were supposed to be having the Trial in, but could'nt, because, it was full of Mold, and being remediated and totally torn apart for repairs! I kept thinking, I just need to blurt' out, in this makeshift-courtroom/masonic lodge, "Hey, if Mold wont hurt you, why didnt we just have Court next door, and simply just work around the Mold, and lets just let these guys just fix one room at a time, while we have court in another room, or area of the Courthouse, instead of tearing the whole thing apart, and then I would have loved to have blurted out, and why did everyone evacuate the courthouse, because, if its not important to anyone, and/or, regarding what it may have done to us, my family, in other words, why is Mold such a big issue next door, in the courthouse, but not my house?" Not to mention, I had heard the names of several influential people who had been very sick from being in this courthouse next door to our trial.
Hypothetically; could it be, that big industry could shut individuals down like us, due to their vast amount of financial resources, versus, our lack of resources; whereby, a governmental agency, financially, can afford to cover this costs, not to mention, the public outcry from officials, who can get something done, as per their position and political affiliations, which, therefore, bring attention to these type matters, as well as solutions.
(And this is what really bothered me; nobody, but nobody; in this County, in this City, next to this contaminated Courthouse; wants to come, and/or see or understand; what a "World-Reknown-Doctor/Specialist", has to say about mold, when he could very well be, some of these folks, & this Communities, only help or cure, for the Mold Issues, that are actually materializing, right before our eyes, as well as in this very courtroom, with these Plaintiffs/Ourselves, not to mention, that you could sometimes, hear all types of equipment, as well as jackhammers, breaking into the concrete, right next door to our makeshift courtroom, removing the Mold, from the Courthouse, and this Doctor, has been suppressed, to not say what the extent of what this stuff can do to people!) (And no jury wants to take the time, to simply look at our Medical Records, before rendering final judgement on us, our conditions, and/or, most importantly, if nothing else, but, for our childrens sake!) We feel sorry for the entire community, that these jurors represent, who could help save a life, by being more questionable, like we have been, to be able to find out about Mold, and, like we will continue to do, so as to help others, so that this never happens to anyone else, as long as we can do something about this! This story to be continued, until it is finally over, as we may Appeal, but it is costly, and we dont know if it would be worth it, from what weve seen already, 3 judges in appx. 4 years, piles of money spent, an uncertain medical future & costs, the costs to try and keep helping & informing others about Mold, while dealing with all of this in its entirety! The way you have to view this type scenario, and keep your sanity, is to know, without a doubt, it was all worth it, and it is worth it all over again, if it will, SAVE ONE MORE LIFE, ANYONES LIFE!