In its answer to the complaint filed against it by current and former students for health issues related to mold infestation in the student dormitories, Morris College said last week the students assumed that risk while living in the campus …
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In its answer to the complaint filed against it by current and former students for health issues related to mold infestation in the student dormitories, Morris College said last week the students assumed that risk while living in the campus facilities.
The college's answer came on Dec. 14, within the 30-day window after a litigation attorney filed a class-action suit on behalf of five current and former students on Nov. 15 that was served to the college the next day.
Attorney David Weeks of Weeks Law Office LLC, of Sumter, filed the answer for the college. A Morris College alumnus, Weeks has also been a member of the state House of Representatives for Sumter since 2000. Weeks is now the lead attorney for the college, which is the defendant, in the case.
Attorney John Harrell of Harrell Law Firm PA in Charleston is representing the students in the case.
The five plaintiffs - Teanna Caswell, Maya Robinson, Kiesha Robinson, Myrcle Fleming and Kianna Joint - were or are current residents in student housing on the Morris campus, 100 W. College St.
In a new development in the case, Harrell's firm said Thursday that when the college provided its answer to the complaint on Dec. 14, it also filed a motion to quash - or stop - a subpoena letter filed by Harrell to allow his firm to send a mold specialist onto the campus to inspect for mold earlier this month.
Now, that subpoena will not be heard by a judge until Jan. 3, when an initial hearing in the case takes place.
Efforts to reach Weeks for comment last week were not successful.
In the college's answer to the complaint, Morris also said the college never received any notification by students of mold problems on campus.
In another defense, the college said since some plaintiffs allege in their complaint that they became aware of the alleged hazardous condition on or about 2013, the complaint violates a three-year statute of limitations to raise the complaint.
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