Horry County jury sides with school district on elementary school mold lawsuit

Students and staff from St. James Elementary School during a school event. Nicole Ziege/Staff

CONWAY — A jury sided with Horry County Schools in a case brought by the families of three St. James Elementary students who became sick after being exposed to mold at school, according to court records.

The students’ parents accused the school district of negligence. Their lawsuit alleged district officials failed to address the building leaks and disrepair that contributed to the toxic mold.

The two-year court battle culminated Aug. 3 when the jury ruled that the school district did not act with negligence in the case, court filings show.

Lisa Bourcier, spokeswoman for Horry County Schools, declined to discuss the verdict other than to point out it was unanimous. The school district's attorney, Kenneth Generette, did not respond to a request for comment.

Attorney William Luse, who represented the students and their families, also could not be reached.

A student in the lawsuit, identified only as John Doe, started attending St. James Elementary in 2017 and became sick with headaches, sore throats, mouth sores, fatigue, depression, mood dysregulation and general malaise upon starting school, according to the complaint.

The student sought repeated medical treatment for his symptoms while attending school. With blood work and further testing, his family found that some of his infections were associated with exposure to mold and mycotoxins, or natural toxic compounds produced in some fungi, according to the lawsuit.

The complaint alleged district officials were aware of water leaks, water damage and mold issues for years within school buildings, but they refused or neglected to make the necessary repairs and remove the toxic mold.

When John Doe’s parents requested that he be transferred out of St. James Elementary due to his health conditions, the school district refused to allow the transfer until the family paid a $4,854 transfer fee. The student and his family lived in Georgetown County but they attended school in Horry County.

The district admitted that some mold remediation work was done in the school building, but district officials denied all wrongdoing in the case. They also argued the case should be dismissed because the school as a governmental entity had sovereign immunity, which provides it with limited liability over many damages that occur on the property.

Regarding the transfer fee, the district argued in court documents that since John Doe was not an Horry County resident, he was required by district policy to pay the transfer fee to cover tuition costs.

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