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Attorney Mark Malloy Obtains Defense Verdict in Milwaukee County Mold Trial

January 28, 2015

Attorney Mark Malloy obtained a defense verdict in a mold case tried before a jury on January 5, 2015 to January 8, 2015 in Milwaukee County. In the action, a condominium unit owner who purchased a condominium in 2005 sued the condominium association for damages relating to mold that was discovered in the walls and ceilings of the unit in 2010. The unit owner had purchased the property on an “as is” basis, and sued the association, claiming that the association negligently failed to maintain common areas and/or breached duties owed to the unit owner under the condominium bylaws. The owners were seeking damages in excess of $10 million relating to property damage and personal injury. Malloy represented the association’s insurance carrier and, together with counsel for the association, argued that the unit owner was negligent in the purchase of the home and maintenance of unit owner responsibility areas, and that this negligence was the sole cause of the damages claimed. After four hours of deliberation, the jury returned a verdict finding that the association was not negligent and did not breach any duties owed to the unit owners.

Malloy devotes a substantial portion of his practice to the defense of businesses in commercial litigation, and is available to assist clients and answer questions at mdm@mtfn.com and/or by telephone at 414-273-1300.