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FLORIDA RECORD

Tuesday, November 5, 2024

Plaintiffs Accuse Former Landlord of Mold Negligence Leading to Health Issues

State Court
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Shawn Crane, Chief Judge FL 6th Judicial Circuit Pinellas Count | https://scontent.fguj4-1.fna.fbcdn.net/

Sabrina Gibbons and Madeleine Sherwood have filed a lawsuit against their former landlord, alleging negligence and breach of duty that led to severe health issues and property damage. The complaint was filed on October 14, 2024, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, naming James Barrett as the defendant.

The plaintiffs, Sabrina Gibbons from Pinellas County, Florida, and Madeleine Sherwood from Middlesex County, Massachusetts, accuse James Barrett of failing to maintain a rental property in Dunedin, Florida. According to the complaint, Barrett neglected to address a mold issue within the home they rented from him at 1261 Stony Brook Lane. This alleged negligence resulted in both plaintiffs suffering from permanent bodily injuries and significant mental anguish. "Defendant breached this duty by failing to address the mold issue reported by Plaintiffs that were causing health issues," states the complaint.

Gibbons and Sherwood are seeking damages exceeding $50,000 for their physical ailments and emotional distress. They also claim Barrett violated Florida Statute 83.49 by not returning their security deposit or providing written notice with reasons for withholding it after they vacated the premises. Additionally, both plaintiffs assert that Barrett's failure to manage the mold problem caused extensive damage to their personal belongings inside the rental property.

The plaintiffs further allege that Barrett unlawfully changed locks during their lease period without maintaining habitable conditions, which led to actual and constructive eviction. As a result of these actions, they are demanding compensation for property damage and any related expenses incurred due to Barrett's conduct.

Represented by attorney David A. Papa of Papa Injury Law in Clearwater, Florida, Gibbons and Sherwood are requesting monetary damages along with any other relief deemed appropriate by the court. They have demanded a trial by jury to resolve these matters. The case is presided over under Case Number 24-004495-CI.

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