Heritage Landing Couple Says In $10 Million Lawsuit That Mold In Residence Made Them Sick, House Not Habitable

  • Wednesday, August 14, 2019

A couple that bought a condominium at the upscale Heritage Landing on the Tennessee River said mold under the house made them sick and the house no longer habitable.

Tim and Muffy Mitch are suing the Heritage Landing Condominium Association, Morris Property Management, PDM Engineering, Mack McCarley of PDM, Precise Plumbing, Charles Reynolds of Precise Plumbing, Reliable Heating and Air and Alternative Actions, Inc.

The Circuit Court complaint says the Mitch couple bought a condominium at the Northshore development in September 2011.

In February 2018, Ms. Mitch began having respiratory and gastro-intestinal issues. She was diagnosed with diverticulitis and hospitalized for five days. Her ailment was later believed to be pneumonia, COPD, or both.

She was placed on oxygen for five months as her oxygen saturation levels significantly diminished, it was stated. 

By mid-April 2018, Ms. Mitch was in such significant lung pain that she became totally incapacitated and bed-ridden, the suit, filed by attorneys Larry Parrish and Justin Mitchell of Memphis, says.

The complaint says a number of tests were made "in a desperate quest to find the cause and cure for Muffy's painful and protracted illness."

Just before Labor Day 2018, an environmental testing company performed an evaluation of the condo at 1011 Ariel Lane. The suit says the test found significant water intrusion and associated elevated levels of mold and mycotoxins in the crawlspace beneath the home.

The suit says that area was the responsibility of the HOA and the Morris management group.

Treating physicians said the mold was more than likely the cause of the health problems of Ms. Mitch, the suit says.

It says Tim Mitch also suffered neurological degradation and potentially other health-related problems from the mold.

The suit says Heritage Landing hired PDM and others to test the mold, and they found high levels.

It says the association agreed to a number of steps to deal with the mold, but it says none of those steps helped and the condo remains uninhabitable. The couple remains living in other quarters.


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