Court dismisses appeal in toxic mold lawsuit

Thursday, Oct. 7, 2004 | 8:29 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court on Tuesday dismissed the appeal of a group of current and former employees of the state Division of Child and Family Services who said they suffered from exposure to toxic mold and mildew in the Las Vegas office.

The court said the workers can pursue their claims through the industrial insurance system but cannot file a class-action lawsuit against the state agency.

The workers said they suffered from such illnesses as upper respiratory irritation and inflammation, headaches, fatigue, rashes and other symptoms while exposed to mold and mildew.

District Judge Michelle Leavitt dismissed the claims of the workers and the Supreme Court upheld the decision.

The court said the workers failed to provide any facts that demonstrated the state agency intended to injure the employees. As a result, the court said there is no merit in the claim the division engaged in an intentional act subject to the type of class-action lawsuit that was filed.

The court also said the workers failed to show they were covered under the Nevada Occupational Disease Act. "The function of the Nevada Occupational Disease Act is to provide protection for people whose diseases are directly related to their particular jobs based on the proximity, character and conditions of the work," the decision said.

"Exposure to toxic mold and mildew is not closely related to the business conducted at the Division of Child and Family Service," the decision noted.