07 November 2007
in a "not designated for publication" ruling posted today, third circuit court of appeal justices, john d. saunders, jimmie c. peters who wrote the opinion and glenn b. gremillion, side with judge alfred mansour and the rapides parish school board against the plaintiff ms. peggy bergeron who alleges that she was harmed by toxic mold in the "vance avenue school facility" which sounds like bolton high school.
the trial court wrote in its written reasons for judgment that "The testimony clearly establishes that the Vance Avenue facility had problems." then somehow, inexplicably reasons that "[h]owever, the fact that a ceiling tile is stained or discolored does not necessarily constitute a defect that would impose liability upon defendant."
the likely reason for this ruling on both the trial court and third circuit's part is to protect the rapides parish school board from a flood of lawsuits stemming from mold problems and the resulting bad publicity.
Posted by wst... at 10:09