Appeals panel rules in favor of Loretta Donovan in building mold dispute over how claims should be worded; no report to public about case or decision by College; case will move forward
The Arizona Court of Appeals ruled in favor of Loretta Donovan in a lawsuit she brought against Yavapai College and several other government agencies and officials earlier this year. (LORETTA DONOVAN, Plaintiff/Appellant, v. YAVAPAI COUNTY COMMUNITY COLLEGE DISTRICT DBA: YAVAPAI COLLEGE, Defendant/Appellee.No. 1 CA-CV 17-0290, Decided: May 31, 2018.)
Donovan worked in a building for Northern Arizona Council of Governments at the Prescott Valley Head Start program. The building was leased from Yavapai Community College.
Donovan claimed she noticed mold in the building and alleged her exposure to it resulted in physical injury. She complained to her employer about the mold and the alleged failure to remedy the problem, and was then fired. Pursuant to state law, she sent a notice of claim to the Yavapai College who owned the building, the Northern Arizona Council of Governments, and several other entities.
Yavapai Community College lawyers challenged Donovan’s Notice of Claim on a technical point of statutory interpretation. They claimed her lawyer’s Notice of Claim failed to set forth any specific claims against each of the parties involved. Donovan’s letter stated that she would “accept the sum of $450,000 as full and final settlement.” The offer was not accepted, and six months passed.
The College was represented by Milton W. Hathaway, Jr. of the Prescott law firm of Murphy, Schmitt, Hathaway & Wilson PLLC. When the College challenged the Notice of Claim initially in Superior Court, it won. However, Donovan appealed and the Court of Appeals reversed holding in her favor. The case has now been returned to the Superior Court for trial.
There is no indication that a Petition for Review in the Arizona Supreme Court has been filed by the College or other defendants.
There is also no indication that the College informed the public or the Governing Board during public meetings about this lawsuit.