PITTSBURGH – A Boston-based apartment management company has been dismissed from a suit brought by a Pittsburgh woman, who claimed several real estate entities harmed her health by failing to remediate toxic and hazardous mold from her residence.
Kristina Mattea of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Aug. 7 versus Leland Point Owner L.P. of New York, N.Y., AION Management, LLC, Mid‐Town Towers Associates and NDC Real Estate Management, Inc., all of Pittsburgh, plus Beacon Communities, LLC of Boston, Mass.,
“In the spring of 2018, plaintiff was searching for a new apartment to rent where she could live with her boyfriend, and her support and alert dog Ares. Plaintiff was working as server/waitress/bartender at the Loose Moose Saloon in Pittsburgh, when she met Darcie Speigle, a manager/employee of NDCREMI and Mid‐Town Towers during one of plaintiff’s work shifts at the bar/restaurant,” the suit said.
“When plaintiff commented to Speigle in conversation that she was looking for an apartment to rent, Speigle informed plaintiff that her employer had approximately apartments available for rent at The Alden nearby in Baldwin Borough. Speigle represented to Plaintiff that the apartments available for rent at The Alden were clean and safe.”
On May 1, 2018, plaintiff completed a rental application supplied by NDCREMI, Mid‐Town Towers and Speigle, and was approved as a tenant to lease a residential apartment located at The Alden apartment complex for $725 per month.
The Alden is a massive multi‐family apartment complex in Baldwin Borough containing approximately 1,100 units, which was formerly known as the “Baldwin Court Apartments”, “Leland Point” and “The Residences South Hills”.
Over the summer of 2018, the plaintiff reported water leaking in her apartment and learned that not only was there longtime water infiltration behind the bathroom wall, but also that toxic black mold (stachybotrys chartarum) and other harmful fungi had been growing in the drywall and behind the wall.
Toxic black mold produces millions of microscopic spores that rapidly spread, contaminating the air and surfaces in the surrounding areas.
“Because defendants’ maintenance personnel were unqualified, failed to identify or properly remediate the toxic mold problem and/or defendants refused to pay for qualified professional remediation, and instead left the wall open into plaintiff’s apartment, the toxic mold spores spread from the bathroom and closet wall into and throughout plaintiff’s bedroom and apartment,” the suit stated.
“Defendants failed to hire a qualified contractor or mold remediation specialist to inspect and/or remediate the water infiltration problem in plaintiff’s apartment. Defendants’ failure to hire a qualified mold remediation firm directly led to the plaintiff’s exposure to toxic black mold and the associated severely negative health effects that put her in the hospital and threatened her life.”
The plaintiff stated she continued to experience severely negative health effects, sought medical treatment on Sept. 4, 2018 at MedExpress for a fungal infection and was referred to the University of Pittsburgh Medical Center and Allegheny General Hospital for further diagnosis and treatment.
“In a period of less than four weeks, plaintiff’s dog Ares was suffering a swollen brain and other physical ailments due to the environmental mold contamination in the apartment. The infection caused Ares to be uncharacteristically aggressive and bite various persons. Ultimately, on Sept. 14, 2018, plaintiff had to take Ares to a veterinarian to euthanize him after he had bitten the fourth person in approximately three weeks,” per the suit.
“On Sept. 15, 2018, plaintiff experienced a swollen tongue and throat caused by the toxic mold. On Sept. 20, 2018, plaintiff was hospitalized due to her deteriorating health condition.”
Meanwhile, the defendants allegedly hounded the plaintiff for unpaid rent for the inhabitable apartment.
“In fact, defendants completely failed to test plaintiff’s apartment and failed to remediate the toxic mold until pressured by the Allegheny County Health Department. Defendants refused and/or failed to act until after the Allegheny County Health Department sent Leland Point a letter dated Oct. 2, 2018 demanding correction of the mold problem by Nov. 6, 2018,” the suit said.
“The defendants allegedly never provided plaintiff with an alternative apartment in which to live or otherwise help her financially after subjecting her to such horrendous and unsafe living conditions, refused to reimburse or assist plaintiff with her extensive medical bills and other expenses incurred when she was unable to live in The Alden apartment, nor did they reimburse her for her loss of virtually all of her personal possessions, including her clothing, utensils and other apartment furnishings.”
UPDATE
A mutual stipulation was filed on Oct. 6, dismissing Beacon Communities, LLC from the suit without prejudice.
“Based on its counsel’s representation that Beacon Communities Corp. was not involved in, nor employed any of the persons involved in, the repair or remediation of plaintiff’s apartment, plaintiff now agrees to voluntarily dismiss Beacon Communities Corp. as a Defendant in the within action, without prejudice,” the stipulation stated.
“Accordingly, the parties stipulate and agree that the said Beacon Communities Corp. shall be dismissed from this action, without prejudice, and the caption shall be amended to reflect same. The parties agree that the dismissal of Beacon Communities Corp. does not impact the liability, if any, or limit the defenses of any other party including Mid-Town Towers Associates and NDC Real Estate Management, LLC (incorrectly named as NDC Real Estate Management, Inc. in the caption).”
For counts of breach of implied warranty of habitability, strict liability for hazardous toxic mold condition, violation of the Unfair Trade Practices and Consumer Protection Law, negligence and gross negligence, the plaintiff is seeking:
• All economic, monetary, actual, consequential, compensatory, statutory and treble damages caused by defendants’ conduct;
• Ongoing medical monitoring, pre‐ and post‐judgment interest to the extent allowable by law, reasonable attorneys’ fees and expenses; and
• Such further relief that the Court may deem just and proper, plus a trial by jury.
The plaintiff is represented by Roy W. Arnold of Blank Rome, in Pittsburgh.
The defendants are represented by James G. McLean of Buchanan Ingersoll & Rooney, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-008452
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com