THE LANTERN
The independent student voice of Ohio State University since 1881.
Lawrence Tower lawsuit moves forward to trial Lily Pace and Davis Beatty Managing Campus Editor and Campus Editor
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tudents and families involved in the Lawrence Tower mold case will see one Negligence of two lawsuits move to trial. In the lawsuit, students and families claim that the university failed to do its On Sept. 8, the Ohio Court of Claims Judge David Cain ruled that four of five due diligence in keeping Lawrence Tower a safe residence hall for students to claims that were brought against Ohio State in one of the two Lawrence Tower live in. The plaintiffs claim that Ohio State acted with general negligence and lawsuits can move forward. also negligence per se, citing that a landlord in a rental agreement must continLawrence Tower has been vacant since the beginning of the spring semester ue to keep the building in habitable condition. due to mold growth in the residence hall. In one room, the mold spore count Ohio State originally filed a motion to dismiss this claim since it is an overreached 2 million, exceeding the normal mold spore count of 9,000, according lap of the breach of contract claim. However, Cain ruled in favor of this claim, to prior Lantern reporting. deciding that negligence and breach of contract Two firms, Be Well Law and Bressman Law, filed claims can be pursued at the same time. a joint lawsuit Monday, Jan. 13, with 32 plaintiffs named in the court complaint, according to prior Breach of Contract Lantern reporting. The lawsuit alleges that Ohio In Ohio State’s housing contract, it states that the State was aware of the mold problem after acquiruniversity is obligated to provide accommodations ing the previous Holiday Inn property, and housed for residential purposes, while also keeping them in students there despite that. safe and sanitary condition, according to the ruling. The four claims that are moving forward to trial While this theory overlaps that of the nuisance are negligence, breach of implied warranty of claims, there are different legal theories behind habitability, nuisance and breach of contract. Cain both that make them applicable in their own ways. dismissed the lawsuit’s claim of fraud, according to The breach of contract claim focuses specifically on the lawsuit. enforcing obligations under the housing contract, “At this time, we are pleased that the Court of according to the lawsuit. Claims has ruled in favor of allowing four of our The court ruled in favor of the breach of contract client’s claims against Ohio State to proceed to claim, providing that whether the plaintiffs will be trial,” Jedidiah Bressman, an attorney working on able to use both theories in trial will depend on the the case at Bressman Law, said in a statement. “We evidence, as well as avoiding using the evidence believe this reflects the seriousness of the issues twice. raised and the importance of a full and fair hearing on the merits.” Nuisiance Bressman continued to say that there is currently The plaintiffs also claimed Ohio State’s failure to COURTESY OF KYLA AVARELLO not a trial date and that the attorneys representing remove the mold to create safe living conditions for A mushroom growing out of a dorm room wall on the students “interfered with their right to reasonably use the plaintiffs are committed to pursuing justice as fourth floor of Lawrence Tower in 2024. the case moves forward. and enjoy their dorm rooms.” University spokesperson, Ben Johnson, said the By not meeting these standards, the court affirmed university does not comment on ongoing litigation. the plaintiffs experienced “annoyance, discomfort, and inconvenience” and “physical discomfort.” Breach of implied warranty of habitability The university’s legal team argued this claim fell under the breach of contract, Cain ruled in favor of the plaintiffs on the breach of implied warranty of habbut the judge found that it is a distinct legal theory. itability due to Ohio’s Landlord-Tenant Act. The act states that the university, which is a landlord in this case to the students in the dorms, is required to make STAY UPDATED ON THE CASE ONLINE WWW.THELANTERN. sure that the standards of their residences are liveable. COM In the lawsuit, students and their family claim that Ohio State failed to keep their dorm rooms in a safe, liveable condition, and therefore also constitutes negligence.