Dozens of students and their families are suing Ohio State University after they were evacuated from the Lawrence Tower residence hall on West Lane Avenue when mold was discovered inside the building last semester.
The plaintiffs filed two lawsuits in the Franklin County Court of Common Pleas and the Ohio Court of Claims in hopes of recouping between $1,000 and $5,000 in damages each. The lawsuits argue the university violated the Ohio Consumer Sales Practices Act.
The lawsuit said Ohio State violated the OCSPA by falsely stating Lawrence Tower was safe before students moved in and that repairs were completed inside the residence hall. The lawsuit also alleges Ohio State concealed the mold, which it says "is an unfair and deceptive act, which is a fact material to the transaction involving the Plaintiffs being required to live on campus as a part of the transaction with Ohio State."
The lawsuit also alleges Ohio State knew the building had mold and asbestos and was unsafe for students to live in. The lawsuit also claims the university intentionally misled students and parents.
Dublin Attorney Jedidiah Bressman said some of the students became sick because of the mold. He is one of the attorneys representing the families and students that are suing the university.
"That money is partially for what they had to go through. You know, you have students who were moving out during finals week. You have freshmen who, you know, are moving into a new dorm, a new experience, a new place, and are sick the entire time. And they're supposed to also try to study, get good grades and start their new life," Bressman said.
Bressman said since the dorm was advertised as a "Rate 1" dorm, students shouldn't have expected to be evacuated due to mold. Rate 1 dorms cost more than $5,000 a semester to live in, according to the lawsuit. Bressman said that is because those dorms are typically newer and provide upgraded amenities.
"When students go to a dorm, this is like their home. This is where they can be safe, But they can't be safe in a place they can't call home because it's making them ill," Bressman said.
A spokesman for Ohio State declined to comment on the pending litigation. The university said last semester a water leak in October caused mold to develop and mushrooms to grow out of the walls inside Lawrence Tower. The university asked all students to move out before spring semester so officials could address the problem.
About 500 students lived in Lawrence Tower.
The 11-story building was built in 1973 and was a Holiday Inn, before being acquired by Ohio State in 2009.
