House mold settlement ends lawsuit

By ED RUSSO
The Register-Guard

A cash settlement Tuesday abruptly ended a trial brought by a rural Eugene family
who contended that faulty construction led to an outbreak of health-damaging mold
in their house.

In exchange for a confidential amount, Mark and Mary Jane O'Hara dropped their
$3.5 million claim against general contractor Jeff Stangland and designer Michael
Cockram, both of Eugene. Another contractor, Harvey & Son of Springfield, and the
O'Haras reached an undisclosed settlement Memorial Day weekend, before the
start of the trial.

The jury trial in Lane Circuit Court began last Wednesday. Both sides agreed to the
settlement, and Tuesday morning Judge Maurice Merton dismissed the jury.

The O'Haras will use the settlements to rebuild their house, which in February was
burned to the ground in a firefighting exercise. The O'Hara's homeowners insurance
did not cover mold damage.

Tuesday's settlement will be paid by Stangland's insurance company, said the
O'Hara's attorney, Randy Turnbow.

Mary Jane O'Hara said she is pleased with the settlements and relieved the trial is over.
"We feel somewhat vindicated," she said.

Cockram's attorney, Lann Leslie, said the settlement was a victory for his client,
partly because Cockram will not have to pay the O'Haras any money. "While I was
always confident that a jury would ultimately return a verdict in his favor, I am very
happy that my client was exonerated without the continuing expense of trail,"
Leslie said.

Stangland's attorney, Robert Lowry, could not be reached for comment.

The O'Haras sued Stangland, Cockram and Harvey & Son last year in Lane Circuit
Court. The O'Haras claimed that Cockram failed to control the work of Stangland,
and that Stangland failed to keep the inside of the home dry during a 1998 remodeling.

The O'Hara's alleged that the moisture led to an outbreak of toxic mold that made them
and their two children sick.

Harvey & Son was named as a defendant because the O'Haras alleged the contractor
installed an overly large heating and air conditioning system that contributed to mold growth.

Among other maladies, the O'Haras claimed they suffered from swollen and painful joints,
chronic fatigue, headaches and respiratory problems. Their 13-year old son still suffers
from chronic headaches, and he will undergo testing at a Mayo Clinic in Maryland,
Mary Jane O'Hara said.

The O'Hara's lawsuit was among a number of mold-related cases that have sprung up
recently around the nation. Some molds are considered harmful because they may
trigger allergic reactions in people, but medical professionals differ on how strong of a
connection exists between mold and specific ailments.

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