Rose R. Odaris, et al., Appellants, against Morton G. Thalhimer, Inc., d/b/a Insignia Thalhimer, d/b/a Riverpoint Apartments, Appellee., 2008 Va. LEXIS 148

Summary

First, in the absence of competent testimony establishing causation, the trial court did not err in setting aside the jury's verdicts on the tenants' personal injury claims. Second, the trial court erred in excluding the testimony of a doctor with clinical practice in treating mold-related illnesses because there was an adequate scientific basis for his testimony. The weight and credibility to be given to his testimony with regard to whether exposure to mold in this particular case caused the tenants' illnesses and injuries were matters for the jury to determine. Third, the trial court erred by not awarding attorney's fees under § 55-248.21 of the VRLTA because the evidence was undisputed that the landlords' managing agent's actions in improperly storing the personal property and ultimately destroying it without giving the required notice were willful violations of the VRLTA, thus requiring an award of attorney's fees for prevailing on that claim. Finally, the tenants failed to present...