Press Release - 4/21/06

FOR IMMEDIATE RELEASE

$650,000 SETTLEMENT OBTAINED FOR CHAVEZ SCHOOL MOLD EXPOSURE VICTIMS

(Madison, Wisconsin) - The case against Westra Construction Company which built the Cesar Chavez Elementary School has been settled for $650,000. The school opened in August 2001. After a number of teachers complained of being ill during the Fall of 2001, mold was discovered in a majority of the classrooms of the school. Eventually, the school was shut down at the end of November 2001 while the Madison Metropolitan School District removed the mold and remediated the school building. During the remainder of the school year, teachers and students were bused to other schools in the school district.

The 35 teachers and students who brought the suit against Westra Construction claimed that during the construction process Westra failed to remove excess moisture from the building as required and, as a result, the school developed a wet building syndrome, which included the growth of mold and other by-products that caused respiratory problems. Some of the teachers and students have developed severe asthma requiring daily medications. Others had respiratory illnesses while in the school, but gradually recovered after the school was closed.

"This settlement will allow the teachers and students who developed asthma and other respiratory ailments from being exposed to mold and its by-products to move on with their lives," said Attorney Jim Olson of Lawton & Cates. "No amount of money can ever restore these people to their level of health prior to the mold exposure. These teachers and students will face substantial costs and difficulties the rest of their lives, and this settlement is an attempt to help address those," he added.

The case has been pending for 4 years and was scheduled for a 9-week trial starting May 30, 2006 before the Honorable Moria Krueger. Jim Olson and Kent Carnell of Lawton & Cates, and Don Murphy of Murphy & Pressentin, represented all of the plaintiffs. "The plaintiffs are happy that the case has been resolved and that their position has been vindicated that their illnesses were caused by the conditions existing at the school from the construction process," added Attorney Kent Carnell.

For more information contact Jim Olson or Kent Carnell at (608) 282-6200.