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Can I sue for negligence or pain and suffering?

Asheville, NC |

I am a graduate of Montreat College class of 2008. During my junior and senior years at Montreat I went through horrendous physical and emotional distress as I was in a dormitory room that held black mold. I asked for the room to be checked because I am a severe asthmatic and have extreme allergic reactions to dust and mold yet Montreat College covered this up and refused to have the room checked. I had to personall seek housing elsewhere with no help from the school. I underwent numerous doctors visits for severe nearly life threatening symptoms for which I received numerous steroid injections and medications to counteract my severe reaction. Montreat College did nothing about my situation and my academics and collegiate athletic scholarship were seriously jeopardized. The soccer coach ended up kicking me off of the team because my performance was suffering and because "I wasnt acting myself". The mental and physical exhaustion I was going through was extreme and the college simply kept the issue quiet and now the women's dormitories have been finally deemed unliveable by the building inspector due to mold. I would love to have some kind of repayment or other way of getting the life back that Montreat took from me deliberately. I met with the college President, the Dean of Students, as well as my soccer coaches and the decision was made that I was in the wrong. Therefore the issue was again concealed to the public. They have put not only myself but dozens of students in danger since the year 2006 when I found black mold in my dorm room. Despite my horrible physical condition caused directly by the mold, I pushed myself to graduate from Montreat because I was not about to let them take any further dignity from me. They actually suceeded as I walked across the graduation stage to find an empty diploma holder. Yes, they in fact forgot to include my diploma on my graduation day. I would appreciate any and all help in this matter. Sincerely, Leah

Attorney Answers 6


  1. Consult with an attorney ASAP but it appears the Statute of Limitations has passed.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  2. Statutes of limitation require a person to begin a lawsuit within a certain period of time after they discovery or should have discovered an issue. From your description, any claim that you may have has been barred by the statute of limitation for this type of case.

    Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and specifically understands and agrees that no client-lawyer relationship has been established between Bradley A. Coxe or Hodges & Coxe PC and the inquirer.


  3. It sounds like you may have known of your exposure to potential injuries in 2006. You graduated in 2008 despite these injuries. That means your claim is probably between 5 to 7 years old. The Statute of Limitations is a state by state law issue but is generally either 2 or 3 years for an issue like this. Whether your claim is barred or not because of some exception to the general rule can only be determined by a local attorney licensed in your state and practicing in this area of law. You should make immediate contact with such an attorney to determine the status of your potential claim.

    No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.


  4. It sounds like you missed the time to file.


  5. You should have retained a lawyer years ago


  6. Avvo Email - Have no legal fearBlack mold cases are tricky. It is possible you have a claim. Due to some of the facts you present, I would want to know more of what went on behind the scenes or even in the scenes, but what you haven't stated here.
    I can arrange for a consult if you would like to discuss the matter further.
    Locke
    919-931-1513
    www.lockemilholland.com

    **Disclaimer** I am licensed to practice in North Carolina. I practice out of Raleigh and Wake County. This answer, to the extent it provides legal advice, is fact specific, and only intended for the jurisdiction where I am licensed.

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