Friday, February 01, 2008

Don't clean that mold!

That's what Judge Story ruled in the Dyer mold case (via Julie Kay). From the article:

According to documents that were unsealed Thursday, U.S. District Judge Richard W. Story — sitting in the Miami case — issued the order Monday to preserve evidence in a case that was brought by the children of deceased Magistrate Judge Ted Klein. Klein died of a mysterious respiratory illness that his family believes was caused by years of working at the old courthouse building. "There is a reasonable risk that material evidence located in and around the David W. Dyer Federal Courthouse, relating to a future claim by the Kleins, against governmental entities and/or private entities, will be modified, altered, mitigated, destroyed and/or remediated and that such change will significantly prejudice the Klein family, causing immediate, irreparable and continuous harm because the contaminants, toxins and/or other evidence will be permanently lost," stated Story's order. Story also authorized Klein family attorney Alan Goldfarb and his experts to "inspect, photograph and videotape" the Dyer Building.

4 comments:

South Florida Lawyers said...

Drip drip.....

Anonymous said...

YIKES!!!

If the Judge's Order assumes that evidence relevant to the case -- DANGEROUS MOLD -- exists in the building, and then orders that the mold be LEFT THERE TO GROW, then aren't the occupants of the building in danger?

Help me out, I am not one of the Sons of Harvard like some people we know, but seems like there might be danger of irreparable harm to occupants of the building if it stays open?

Maybe somebody should request an injunction be issued by Judge Story preventing further use of the courthouse until the "preserved evidence" is collected and then destroyed???!

Anonymous said...

Thanks for welcoming me to y'all's district to sit on this matter -- you folks down here sure are nice and the weather is great!

Now...get the heck outta this NASTY building!

JSP said...

The quoted text came from the proposed order, which the judge did not sign. This is sloppy reporting.