Military family awarded $350,000 in federal case involving mold in housing

Posted at 6:37 PM, Apr 14, 2016
and last updated 2016-04-14 18:59:02-04

Norfolk, Va. - A jury reached a verdict Thursday in a federal court case involving mold in military housing.

The case was filed by a Norfolk family against Mid-Atlantic Military Family Communities, part of Lincoln Military Housing.

There were two complaints being considered: breach of contract and negligence per se.

The jury found in favor of the Federico family for negligence but not for the breach of contract.  The family was awarded $350,000,  a lot less than the $8 million in damages they were seeking.

Attorneys for the Federico family say there are mixed reactions to the verdict.

"They [the Federicos] are disappointed.   I mean, we're all disappointed as to the monetary amount, but the fact of the matter is justice has been served partially in that Lincoln is being held accountable," said attorney Stephen Smith.

The Federicos' attorneys say they plan to file a motion for a mistrial because they feel it was an inconsistent verdict.

"The jury found for us, the plaintiffs, in the negligence per se building codes but not the contract, which created the quandary for us because the VRLTA (Va. Residential Landlord and Tenanct Act) provisions say you must prevent the growth of mold, and there was mold in this home.  That was established," said attorney David Wise.

NewsChannel 3 first started investigating mold in military housing back in 2011 and shared the Federicos' story.

Previous Coverage: Mold in military housing

Marine Gunnery Sgt. Joe Federico and his wife Shelley told us mold in their off-base home caused them to become extremely sick.

Other families have said their health has suffered as well, but the Federicos are the first to have their case heard in court.

The case got underway on March 30 and lasted about two weeks.

Attorneys say this case is not over yet, but in the meantime, they are moving forward with other cases.

Nineteen other military families have filed cases as well.

Attorneys for Mid-Atlantic Military Family Communities left court before they could be asked for comment.