University of Oregon Basketball Coach

Oregon Homebuilder, Contractors Sued over Home's Toxic Mold

By Ed Russo

University of Oregon basketball coach Ernie Kent has filed a lawsuit against a homebuilder and two contractors alleging that faulty workmanship in his home led to an infestation of health-damaging toxic mold.

Kent and his wife, Dianna, are seeking $5 million from general contractor Lynn Development Corp. and McLaughlin Plastering Inc. The suit, filed Wednesday in Lane Circuit Court, also names Michael Miller, a plumber who worked for Lynn, as a defendant.

The Kents bought the home in west Eugene in June 1997 for $ 365,000. The house had been completed about a year earlier and had been vacant all that time, the lawsuit said.

The lawsuits alleges that McLaughlin Plastering failed to install appropriate flashings, sealants and a moisture barrier under the synthetic exterior of the house. Miller, the Kents allege, improperly installed a shower in the master bathroom, which caused water to leak in the house structure.

The Kents claim that the house become rife with at least nine types of toxic mold, including Stachybotrys. The fungi caused the family respiratory distress, allergic reactions, skin rashes, joint pain, nosebleeds, vertigo, eye irritation, fatigue and "other ongoing medical conditions," the lawsuit said.

The Kents and their three children moved out of the home in December. They now rent a home in Eugene.

Dianna Kent declined to comment on the lawsuit Thursday, saying that she prefers to talk when her husband is back in town. Ernie Kent was in Tempe, ment on the lawsuit.

The lawsuit is similar to one filed last year by Mark and Mary Jane O'Hara of Eugene. The O'Haras claim that contractors were negligent during the remodeling of their home south of Eugene, which led to toxic mold that made them and their two children sick. The O'Haras, who are seeking $ 3.5 million in damages, had their house burned to the ground on Feb. 17. They said it was too contaminated to live in or repair.

The Kents, however, want to fix the problems with the house and move back, said their attorney, Randy Turnbow. "It's going to take extensive repairs and remediation to make it livable," said Turnbow, who also represents the O'Haras.

The exterior of the Kent home was made with a synthetic material resembling stucco, Turnbow said. McLaughlin failure to install the exterior correctly, which caused water to penetrate the structure and mold to grow, he said.

Lynn Development Corp., a firm based in Redmond, Wash., went out of business in 1998. Earl Miller of Sammamish, Wash., who was an owner of the firm, said he was aware of the Kents' problems, but said repairing the exterior was McLaughlin responsibility.

McLaughlin's owner, Jack McLaughlin declined to comment.