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Thursday October 26, 2000

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Former Chris City residents file claim against state

By Mindy Jones and Ryan Gabrielson

Arizona Daily Wildcat

Health problems due to poor maintenance, residents' attorney says

Two former residents of the Christopher City Apartments have filed a claim against the state of Arizona for $2.5 million citing inadequate up-keep of the complex by the University of Arizona for the medical problem of the residents and their children.

"The UA said they weren't going to pour money in a bad facility, and I think they lived up to that," said Bill Downey, the attorney representing the residents.

Christine Livingston and Charlotte Carr have filed the claim against the state and intend to file a lawsuit in November, Downey said.

Livingston and Carr filed the claim first to give the state time to settle it before a lawsuit is filed.

Downey said that Livingston lived in two separate units at Christopher City, 3401 N. Columbus Blvd., the first of which was contaminated with mold.

In July 1997, Livingston was admitted to a hospital with respiratory problems for 11 days, nearly four of which she was comatose, Downey said.

Kylee Carr, Charlotte Carr's daughter, was diagnosed with asthma, possibly due to her exposure to the mold contamination present in their apartment, Downey said.

While Kylee Carr, six, was never diagnosed at the Tucson Medical Center or the University Medical Center, Downey said she was diagnosed with asthma by a Tucson doctor.

"Now, I think they (the UA) have acknowledged there was a problem," he said.

Although Steve Holland, director of UA Risk Management, said he couldn't comment on when the university discovered the mold, he said they responded to the problem when it arose.

"We had an industrial hygienist responding to residents' complaints, and the work that we did resulted in the decision to close the facility down," Holland said.

David Nix, UA attorney, said that he also couldn't comment on when the university became aware that there was mold contamination at the complex but added that the claim has been turned over to the Arizona State Department of Administrative Risk Management division.

Christopher City was closed on Aug. 31 due to the presence of toxic mold in several of the apartments.

On the first day of spring finals, May 5, the residents were informed that the complex would close and they would all have to relocate. The UA spent more than $1 million to aid the residents in the move, though some residents found what they received to be inadequate.

"We received the final reports from our outside consultant on May 3 of this year, and we decided to close Christopher City on May 5," said Sharon Kha, UA spokeswoman. "There may be things I don't know about, though."

Kha decided to comment on the claim.

Since the claim is not against the UA, the university's attorney's are not expected to be involved in the possible lawsuit, though Risk Management will play a role.

"We are working with the attorneys designated by the state, and we provide them with information accordingly," Holland said.

Christopher City is now in the process of having the asbestos removed so the university can proceed with the demolition and building of a new graduate family village.