Texas Fourteenth Court of Appeals (Houston)
Teacher Loses “Moldy” Classrooms Suit
Dismissed: A teacher’s lawsuit claiming that mold in her former school’s classrooms caused her major health problems and contributed to her losing out on a bonus. Mary Stamos v. Houston ISD, No. 14-18-00340-CV. Issued March 31.
HISD teacher Stamos claimed in her lawsuit against HISD that district officials knew (or should have known) that there was mold in the classrooms of Kolter Elementary, where she worked as a first grade teacher from 2013 until she transferred to another school in 2017.
Stamos alleged that as a result of the mold, she has experienced significant and permanent deterioration of her health, including permanent loss of her sense of smell.
According to Stamos, she requires four allergy shots per week, a sinus implant, and repeated sinus scopes and nasal shots.
Stamos said her health improved after transferring to another school.
She sued HISD seeking to recover $6,300 in out-of-pocket medical expenses, plus an additional $4,125 bonus she claimed that she would have received if she had not had to be absent from work due to doctor appointments.
Stamos asserted a breach-of-contract claim as well as claims for “gross negligence,” fraud, “premises liability” and negligence, etc. — and sought medical-care expenses and damages for pain and suffering, physical impairment, mental anguish, lost wages, attorney fees and punitive damages.
Agreed with HISD
On appeal by Stamos of the trial judge’s ruling dismissing her suit, a three-member Fourteenth Court panel, in this decision, agreed with HISD that:
- State law does not include medical issues as topics for which school districts can be sued for breach of contract, and
- Stamos, before suing the district, failed to first complete the district’s grievance process over her claims.