Damages suit over toxic mold rejected by court

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October 01, 2009

By Chris Conrad

Mail Tribune

JACKSONVILLE — Former tenants of the historic Orth Building were thwarted last week in their attempt to collect $790,000 in damages from their landlords after they alleged that toxic mold in the building made them sick.

A Jackson County Circuit Court jury rejected the suit filed by Donald and Lorelei Thayer in August 2006 against their landlords.

The Thayers argued they were sickened by toxic mold while renting a space for their business for three years in the Orth Building. In 2006, they sued their landlords, Dale Bush and Joe Kantor, seeking $790,000 in damages, according to Jackson County Circuit Court records.

Tenants and customers complained of gas smells inside the building, and Bush and Kantor spent $50,000 to rid the building of mold. The Jacksonville City Council ordered the cleanup in 2006.

The Orth Building, located at 150 S. Oregon St., tested positive for growth of toxic mold in all sampled locations. However, the jury felt the mold did not contribute to the Thayers' stated health problems, their attorney, Gary K. Linkous, said.

Linkous, who is based in Welches, near Mount Hood, was the third attorney hired by the Thayers to see the case through to a verdict. The jury's decision disappointed Linkous, who called doctors to testify during the week-long trial.

Calls to Bush seeking comment were not immediately returned.

"I have not had time to sit down and evaluate what happened over the past few days," Linkous said. "When I review the case, I will make a decision as to what recourse we have."

The Thayers can appeal the ruling, according to Jackson County Circuit Court Judge Daniel Harris.

Lorelei Thayer said her health had deteriorated during her three-year tenancy in the building, She claimed the owners' failure to remedy the mold issues and find the source of gas smells had forced her to close down her business.

The council responded to the Thayers' pleas by citing city code ordinances that require owners of historic buildings to protect their structures. City Administrator Paul Wyntergreen was instructed to send a letter from the city ordering Bush and Kantor to fix the problems or face liens.

Bush and Kantor hired Coleman Creek Consulting Inc. of Medford to hunt down and eliminate the mold.

"I find it interesting that the defense acknowledged during the trial that there is still a bad smell coming from that building," Linkous said.

Reach reporter Chris Conrad at 776-4471; or e-mail cconrad@mailtribune.com.

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