Austin Bar member Kristina Baehr and her family recently won a case arising out of toxic mold in their home.
Baehr is a trial attorney and the founder of Just Well Law, PLLC, which specializes in representing people exposed to toxic environments. She founded her firm as a result of her experience living in a mold-infested home. Before that, she was an intellectual property attorney.
Baehr and her family were represented in their case by another Austin Bar member, Kevin Terrazas of Terrazas PLLC, along with Robert McKee of the McKee Law Group in Florida,
In the case (No. D-1-GN-21-002112, 353rd District Court), the Baehrs alleged that they lost their home and belongings due to toxic mold during the COVID-19 pandemic.
“The damage was caused by grossly negligent—and even reckless—design and construction,” reads a press release issued by Just Well Law. “The defendants neglected to waterproof the home, even in the areas most prone to water intrusion, and then they insulated the home with spray foam without proper exits, so that the water festered in the wall cavities.”
Additionally, the lawsuit says, the HVAC company installed a system “that had no way to properly condition the space without creating high levels of humidity.”
This resulted in water damage, “rot, and growth” infecting the walls, which went undetected for years, the press release says.
The court found that the family lost their home to toxic mold due to shoddy construction, and that homebuilder, the roofing company, and the HVAC company were all negligent in the home’s construction.
The Baehr family accepted settlements with the homebuilder and the roofing company, but the HVAC company decided to go to trial.
At trial, the jury awarded punitive damages against the HVAC company. The final judgment was $3.84 million. After deducting proportional liability, the Baehrs’ share was $3.1 million.
The Baehrs said that they are grateful for the work of their lawyers.
“We brought this case not only for our own family but for all those who have been poisoned by the negligence of companies that turn a blind eye to toxic exposure they create,” reads the Just Well press release. “Every family has the right to a home with safe air, and we want families like ours to know that there’s hope in the justice system.”