Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

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In addition to the decay and the rot of wood materials, the Trustees claim that the lack of a proper ventilation system caused and promoted mold growth. Although this may be true, and the evidence certainly would reflect that there was a certain amount of mold growth, this Court finds that the mold growth was insignificant as it related to the health and safety of the occupants and was not the cause of any sickness by those who occupied any of the units within the condominium. The Trustees called as their expert regarding mold David Gordon (“Gordon”), who is a diplomat with the American Board of Industrial Hygiene. Gordon, by background and experience, was qualified to testify as to the existence of mold in the Cotuit Bay Condominiums. Gordon has lectured at Harvard University, as well as the University of Colorado, University of Kansas, University of Texas, and has published articles regarding controlling air pollution, et cetera.

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