Jury sides with developer in tenant’s $20 million toxic mold claim

A St. Louis County jury rejected a former apartment tenant’s suit against a development company over claims of toxic mold exposure.

Tammy B. Gion, 50, sued the Sansone Group in 2016 involving her two-year residency at the Southfield Apartments in south St. Louis County. 

The complaint alleged that the apartment complex and its owner didn’t properly treat several mold outbreaks caused by an improper washing machine drainage system that created moisture in the unit’s drywall and a leaking air conditioning inside a closet, as well as an improperly installed dryer vent that exacerbated the problem.

She alleged diagnosis of adult-onset chronic obstructive asthma as a result of the toxic mold exposure, leading to vocal cord dysfunction and chronic steroid therapy resulting in diagnosis of an immunodeficiency in the form of hypogammaglobulinemia. She claimed over 50 hospitalizations and multiple intubations.

The defense relied on a prominent Washington University School of Medicine professor, James Wedner, who countered that the woman’s medical issues stemmed from a vocal cord dysfunction with symptoms that mimicked asthma.

“You’d really be hard-pressed to find a better authority on the topic of allergies and immunology than Dr. Wedner,” said Jeff Lester of Brown & James, who represented the developer.

The jury sided with the defense after deliberating 45 minutes at the conclusion of a six-day trial. The plaintiff had demanded $20 million before trial and $10 million at closing arguments, Lester said.

“Sansone Group acted not only reasonably in correcting any problems in the unit but went above and beyond to address the plaintiff’s claim,” he said.  

Plaintiff’s attorney Ted Luby could not be reached for comment. 

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Defense verdict

Premises liability

Venue: St. Louis County Circuit Court

Case Number/Date: 16SL-CC00723/May 23, 2022

Judge: John Borbonus III

Plaintiff’s Experts: John Blank, American Environmental Laboratories, Chesterfield (industrial hygiene); Dr. George Matuschak, Creve Coeur (pulmonary medicine); Timothy Lalk, Crestwood, England & Company Rehabilitative Services (vocational); Karen Grossman Tabak, St. Louis (accounting/damages/economics)

Defendants’ Experts: Dr. James Wedner, Washington University Physicians, St. Louis (allergy and immunology); Martin Upchurch, Maryland Heights (industrial hygiene)

Special Damages: $2.1 million in medical charges, $700,000 in lost wages

Last Pretrial Demand: $20 million

Last Pretrial Offer:  high-low agreement of $200,000 to $1 million

Caption: Tammy B. Gion v. Southfield Apartments LP dba Southfield Apartments, and Sansone Group LLC dba Southfield Apartments

Plaintiff’s Attorneys: Ted Luby and Phil Dennis, Luby Law Firm, St. Louis

Defendants’ Attorneys: David Bub and Jeff Lester, Brown & James, St. Louis