A St. Clair County couple is suing a Collinsville property management company and the property's owner on behalf of themselves and their two minor children, alleging a concealed mold made them sick.
Eric Zimmerman and Amanda Zimmerman, individually as as next friend of minors E.Z. and A.Z., filed a lawsuit on Oct. 15 in St. Clair County Circuit Court against Horrell Homes Property Management, based in Collinsville, and Jennifer Ingles of Fort Myers, Fla., who owned the rental property.
According to the complaint, on Sept. 30, 2013, the Zimmermans signed a lease with Ingles, who did not allow them to see the basement during an inspection. The plaintiffs claim Ingles said her dogs were in the basement, but she knew that mold was present and was attempting to conceal it.
On Nov. 1, 2013, the plaintiffs moved in and began experiencing recurrent respiratory issues, including wheezing, coughing, eye inflammation, headaches and more, the suit says. While moving boxes into the basement in June 2014, the plaintiffs discovered mold covering the walls of the front room, painted in an attempt to hide it, the suit alleges.
The plaintiffs allegedly sent the mold out for testing and it came back positive for at least four types of mold, the suit says. They moved out shortly after the discovery.
The Zimmermans allege the property management company and the Ingles are guilty of negligence and fraudulent concealment of the mold. They further seek redress under the Family Expense Act because the children were hospitalized and the plaintiffs have incurred medical expenses and expect to in the future.
The Zimmermans seek at least $50,000 for each charge and for each family member, court costs and attorney fees. They are represented by attorneys Chad M. Mooney and Ryan J. Mahoney of Cates Mahoney of Swansea.
St. Clair County Circuit Court case number 15-L-592.