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.

 


Police Blotter: Man Goes Ballistic After Messed Up Order At Chattanooga Restaurant; Suspicious Person Sleeping In Car Was Displaced Patten Towers Resident

Freeway Bridge Over Mississippi River Outside Memphis May Be Closed Lengthy Time After Crack Is Discovered

City Council Votes 8-0 To Make Juneteenth The 12th Holiday For City Employees


A girl on E. Brainerd Road told police she had a disorder with her friend. She said she let him stay with her for a few weeks, but eventually her dad helped her move his stuff out. She said he ... (click for more)

Tennessee Department of Transportation (TDOT) contract crews will begin emergency repairs on the I-40 Hernando DeSoto Bridge over the Mississippi River after a routine inspection uncovered a ... (click for more)

The City Council voted 8-0 on Tuesday night to make Juneteenth Independence Day the 12th paid holiday for city employees. Vice Chairman Ken Smith was absent. There was no discussion. The council ... (click for more)



Breaking News

Police Blotter: Man Goes Ballistic After Messed Up Order At Chattanooga Restaurant; Suspicious Person Sleeping In Car Was Displaced Patten Towers Resident

A girl on E. Brainerd Road told police she had a disorder with her friend. She said she let him stay with her for a few weeks, but eventually her dad helped her move his stuff out. She said he had attempted to kick the apartment door the night before, but had stopped. Police told her to contact dispatch if he returned. A vandalism was reported at the Firebox Grill, 7025 Shallowford ... (click for more)

Freeway Bridge Over Mississippi River Outside Memphis May Be Closed Lengthy Time After Crack Is Discovered

Tennessee Department of Transportation (TDOT) contract crews will begin emergency repairs on the I-40 Hernando DeSoto Bridge over the Mississippi River after a routine inspection uncovered a crack in the bottom side of the bridge truss. For the motoring public's safety, the bridge will be entirely shut down while crews investigate the crack's extent further and then repair the ... (click for more)

Opinion

Please Stop Calling Us “Latinx”

We’re asking nicely, because we think the use of the term has been mostly well-intentioned. But let’s start with some numbers: a mere 3 percent of Americans of Latin-American descent use “Latinx” to describe themselves. This is based on a 2020 Pew Research poll of about 3,000 American Latinos. Those who want for “Latinx” to become the default say it’s preferable because it’s ... (click for more)

Roy Exum: "Use It, Or Lose It”

Just one month ago, the America people were clamoring for the COVID vaccine. In mid-April, the United States was inoculating quite nearly 3 million doses a day, yet today our heroic health department heroes can’t give enough of the life-saving serum away. I am just like the health officials who have helpless watched as 582,081 Americans have died (as of 6 p.m. yesterday) and, closer ... (click for more)

Sports

Sanmartin Sharp in Trash Panda Series Finale

Unlike his flame throwing teammates Hunter Greene and Nick Lodolo, Lookouts starter Reiver Sanmartin makes due with a fastball that tops out around 90 MPH. Instead of overwhelming batters with force, Sanmartin uses movement and breaking balls to keep hitters off-balance. The Lookouts took the Sunday series finale 7-1 over the Rocket City Trash Pandas, and Sanmartin was almost flawless ... (click for more)

Randy Smith: My First Trip To "The Hank"

Okay, I know the home of the Atlanta Braves is Truist Park but for me that's hard to say. So, I'll just call it the "Hank" after the greatest Brave ever. (It should bear the name of Hank Aaron somewhere rather than the name of a huge financial institution but that's another topic for another day.) With that said, I have now seen Braves' games in all three of their official homes. ... (click for more)