Christopher Forrest and Kendall Forrest v. Pavel Kapitula et al

Case Background

Christopher Forrest and his daughter, Kendall Forrest, filed a personal injury lawsuit claiming toxic mold in their rental home caused them to become ill. They alleged that the property owners and specialists failed to address the mold problem adequately and fraudulently misrepresented that they had worked on it. The mold exposure lawsuit was heard in the Court of Common Pleas in Hamilton County, Ohio, with Judge Patrick T. Dinkelacker presiding. [Case Number: A 2203576]

Cause

In 2013, Christopher Forrest and his young daughter Kendall rented a home in Loveland from Pavel and Tatiyana Kapitula. Pavel and Tatiyana Kapitula are the owners of Kapital Construction and Carpentry, LLC. Shortly after moving in, they reported mold in the house, claiming it made them sick. The Kapitulas responded by hiring specialists, Capital Custom Homes to address the issue.

However, the Forrest family claimed mold reappeared in 2018 and 2019. They accused the Kapitulas of failing to properly remove the mold in 2013 and misleading them by saying the problem had been resolved. Despite raising concerns again in 2018, the family alleged that the Kapitulas took no further action to address the issue.

By 2019, Christopher and Kendall Forrest decided to leave the property, citing ongoing health concerns linked to the mold.

Injury

The Forrest family claimed that mold exposure caused severe food allergies and triggered neurological, inflammatory, and endocrine conditions. They frequently visited their primary care doctor and underwent numerous diagnostic tests to address their health concerns.

In 2022, they began seeing a specialist in mold-related illnesses to manage their ongoing symptoms. The family reported experiencing 37 different health issues, including fatigue, depression, dizziness, nosebleeds, tremors, back pain, and vision problems. They stated that these conditions required ongoing care and regular follow-ups with the mold specialist.

The Forrests also claimed they needed frequent blood tests and had to buy allergen-free food, which increased their expenses. Christopher Forrest reported missing work due to his health issues, adding to the family’s challenges.

Damages

The Forrests sought compensation for their medical expenses and the pain and suffering they endured, both past and future. Christopher Forrest also pursued damages for lost earnings caused by his health issues.

In court, they requested a total of $500,000 for Kendall Forrest and $350,000 for Christopher Forrest. These amounts aimed to address the physical, emotional, and financial toll the family claimed to have experienced due to the mold exposure.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Kendall Forrest | Christopher Forrest
    • Counsel for Plaintiff(s): Robert L. Thompson
  • Defendant(s): Pavel Kapitula | Tatiyana Kapitula | Kapital Construction and Carpentry, LLC | Kapital Contracting, LLC | Kapital Roofing, LLC | Capital Custom Homes Inc. | Capital Custom Homes, LLC
    • Counsel for Defendant(s): Matthew R. Skinner | Jessica Curry Bogie

Claims

The Forrests alleged that mold exposure in the home caused severe health issues, including allergies, neurological impairments, and chronic conditions. They claimed the Kapitulas failed to eliminate the mold in 2013 and fraudulently misled them into believing the issue was resolved. Furthermore, they accused the Kapitulas of ignoring their 2018 reports of recurring mold. These allegations supported their claims for damages related to health impacts, medical expenses, lost income, and the alleged fraudulent actions of the defendants.

Defense

The defense argued that the Forrests never reported mold issues to the Kapitulas in 2018. While they acknowledged mold was present in 2013 and 2019, they maintained that the levels were not harmful.

They claimed the amount of mold in the home could not have caused the health problems the Forrests described. Additionally, the defense questioned the validity of the diagnoses provided by the Forrests’ doctor, asserting that these were not supported by established medical literature.

Jury Verdict

The trial lasted five days, followed by three hours of jury deliberation. On May 03, 2024, the jury unanimously ruled in favor of the defense. It concluded that the Defendants had not failed to make necessary repairs and had not committed any fraudulent acts against the Plaintiffs. As a result, the jury awarded no damages to the Forrest family.

Court Documents:

Available for purchase upon request