Family sues Timberline Residential for asbestos, mold in apartment

MORGANTOWN – A family is suing Timberline Residential after they claim the apartment unit they rented had asbestos and mold in it.

Vanguard Realty Group and “unknown defendants” were also named as defendants in the suit.

On April 1, 2010, Jennifer L. Goulette and Jason M. Tubolino entered into a lease with the defendants for an apartment unit and moved into the unit with Carter Tubolino, their infant son, according to a complaint filed Nov. 14 in Monongalia Circuit Court.

The plaintiffs claim they began to experience adverse health issues after moving into the apartment and it was later determined that the unit contained asbestos in the ceiling tile, which became airborne, along with dangerous levels of mold within the unit.

As a result of the defendants’ conduct, the plaintiffs were injured, according to the suit.

The plaintiffs claim Timberline and the other defendants would not accept responsibility or take steps to remediate the asbestos and mold issues.

The defendants breached their duty to provide the plaintiffs with a safe and habitable rental unit free of mold and asbestos by negligently and carelessly failing to perform routine maintenance and inspections of the unit, according to the suit.

The plaintiffs claim the defendants’ actions caused them injuries.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by John Angotti and David J. Straface.

Monongalia Circuit Court case number: 12-C-793