SAVANNAH, Ga. -- Although a Georgia federal judge on June 23 ruled that plaintiff expert testimony failed to prove that mold contained within an apartment actually caused the alleged injuries, the judge allowed claims regarding porous personal property allegedly damaged by mold to stand (Chris Jazairi v. Royal Oaks Apartment Associates L.P., et al., No. 404cv091, S.D. Ga.).
In this premises liability and mold exposure suit, Chris Jazairi sued Royal Oaks Apartments Associations L.P. and Mitchell L. Morgan Management Inc. (collectively, Royal Oaks) for damages arising from her exposure to mold in an apartment. Personal injuries alleged include memory loss, fatigue, malaise and interstitial thickening bilaterally in her lungs.
Before the U.S. District Court for the Southern District of Georgia, Royal Oaks moved to exclude the causation testimony of Dr. Eckardt Johanning. Royal Oaks also moved for summary judgment. Jazairi opposed the motions and moved to exclude certain defense experts.
Judge B. Avant Edenfield addressed Royal Oaks' argument that Johanning is not a treating physician, but an expert employed only to create causation testimony for Jazairi's case.
"He [Johanning] is unable to establish through scientifically acceptable methodology that Jazairi was injured by the molds contained within her Royal Oaks apartment because he fails to properly rule in the specific molds contained in her apartment and rule out several potential causes," the judge said.
The judge continued that there is no scientific evidence suggesting that Royal Oaks is responsible for Jazairi's injuries resulting from exposure to mold.
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