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Legal Staff News & Views Newsletter
July 2006

There IS a Fungus Among us!

...and, it's a scary thing! In recent years biologists have given fungi, which include mold, mildew, and slimes, out of the realm of plants and into its own domain. Fungi are now one of the five realms of life forms. The more you read about fungi the more sci-fi it becomes - kind of like "the thing that ate Cincinnati..."

There are over 10,000 known molds and they are ubiquitous-they are literally everywhere. The average household may have from 40-60 different kinds. Many of these produce and carry different toxins, which may cause numerous pathogenic, allergic or infective effects in people and animals.

Not all molds are bad. Some are used to manufacture chemicals, many are used to produce certain cheeses and wines, plus we use mushrooms, also in the fungi family, in foods and salads. Molds are nature's recyclers. They eat organic material and recycle it back into the soil. Molds cannot process food for energy without water. Many molds can start and grow on high humidity levels. Mold cells go dormant but mold spores do not and they are the principal carriers of the toxins plus they are virtually indestructible. Cleaning with bleach water will kill mold but not the spores. If the surface become damp or wet the spore will start new mold growth. So, if mold develops on a shower wall, for example, it goes behind the tile as well as between the tiles where you can see it, and will go through the air in the walls, work it's way into heating ducts, attics and everywhere. Spores are released into the air by changes in light, air pressure, air movement, humidity and physical movement. Spores love dust particles which act as a conveyor, and while HEPA air filters may filter out many spores it is impossible to get rid of all of them.

Mycotoxins are chemical toxins (poisons) that are on the surface of spores and other mold materials; they are pathogenic to humans and some animals. That means they can affect one's health. Some of the effects are wheezing, dizziness, headaches, pulmonary hemorrhaging, nausea, difficulty breathing, nasal irritation and so on. Smoking multiplies the pathogenic effect many times over. Stachybotros, often referred to as "black mold" has caused serious health issues in infants and adults. That is only one of many toxic molds that we come in contact with on a daily basis. The degree of "seriousness" depends of each individual's immune system, how it reacts, and the degree of exposure. In 1999 the Mayo Clinic discovered that mycotoxins lodge in the sinuses and when the body's immune system senses them, directs the body to manufacture a caustic fluid to wash it away, and kill the offending mycotoxins. The caustic fluid causes redness and swelling in the sinuses which is called sinusitis. The study indicated that over 93% of chronic sinusitis is caused by molds.

Treating a building to eliminate mold is a constant effort. Correcting moisture issues, addressing poor ventilation, and removing the mold are key elements to eliminating mold. You can purchase humidistats at local hardware stores or home centers which measure relative humidity. Your home/office should not be over 60% humidity. Kitchens and bathrooms need to be properly vented. Most vents lead to the attic which also needs to be properly vented. Newer construction often have kitchen and bathroom vents that have low speed continuous fans systems.

If you have concerns, there are many home inspection companies that offer consultations and mold remediation when necessary. Just be sure that the consultant has the education and training required.
There is also a plethora of information about mold in books, pamphlets, and on the Internet.

ASSUMPTIVE RISK DOCTRINE IN PI CASES...

The last case applying the assumption of risk doctrine in a sports related accident was filed by an Olympic speed skater who suffered a spinal injury when she crashed into the rink wall in Lake Placid. The case of Ziegelmeyer v. United States Olympic Committee, 97705, will go to the New York state Court of Appeals on grounds that an alleged defect in safety equipment existed. At issue is the padding along the fiberglass board surrounding the ice. Nicole Ziegelmeyer, a silver medalist in 1992 and a bronze in 1994, was training for the 1998 games when she was hurt in Lake Placid. The padding along the boards apparently shifted when she crashed and hit the surface of the boards, suffering a severe spinal injury.

At issue is whether the padding was installed in accordance with international standards. In 2004 Albany Supreme Court Justice Thomas J. Spargo found the plaintiff had assumed the risk of injury and summarily dismissed her complaint. The plaintiff alleged that the pads were only connected to each other and not attached to the boards causing them to lift up on impact exposing the skater to the bare boards. The court applied the principle of "no duty or no negligence" relying on Murphy v. Steeplechase Amusement Co., 250 NY 479 which said that one who takes part in... a sport accepts the danger inherent in so far as they are obvious and necessary.


DISASTER PROOF YOUR RECORDS

Which of your important papers would you grab if you had just minutes to leave your house? Consider collecting your personal and financial papers, choose one place to store the records, i.e., a portable file or fireproof box. Get certified copies of birth, marriage, death certificates, and a copy of your insurance policies and store them in a safe deposit box. Up date your computer records every 60 to 90 days and add that to your safe deposit box. Consider your situation and what other records you may need. For example:

Bank account and investment records
Divorce records, adoption papers, etc.
Passport, photo copies of your driver's license or other forms of identification
Deeds to property and car, boat, RV, or trailer titles
Photocopies of both sides of your credit cards
Your last tax return
Social security cards
Health care directives, Wills, Living Wills, and Powers of Attorney
Household inventory - video tapes work well, plus photos of artwork, jewelry and other valuables
Keep a second safe box with a relative or trusted friend
Emergency cash

If a fire were to start in your home, according to fire safety tests, it will totally engulf one room in 3 to 4 minutes and will begin to spread throughout the house. That is barely time to get yourself, your family and pets out the door.

NEW ARTICLE IX. CHILD CUSTODY PROCEEDINGS

Effective July 1, 2006 Supreme Court Rules 900 through 942 emphasis the importance of child custody proceedings and highlights the purpose of the rules to ensure that child custody proceedings are expeditious, child focused, and fair to all parties. To read/print the rules go to: DCBA's home page, click on Legal Links, click on Illinois Home Page, then Government, Judiciary, Supreme Court Rules. Once you are at Supreme Court Rules you can scroll down to find the appropriate rule and click on that icon.

WHAT'S COOKIN'...

BASIL ROASTED BREAD

1 Medium clove garlic, crushed
½ Cup Unsalted butter or margarine
2 Tbs. Sun-dried tomatoes
1 Cup Shredded Provolone cheese
1/4 Cup Chopped fresh basil
1 Loaf Vienna or firm crusted bread

In a food processor, mince garlic. Add butter and tomatoes; process until smooth. Transfer to a bowl and stir in cheese and basil.

With a serrated knife, slice bread diagonally almost all the way through at 1-1/2" intervals. Spread butter mixture between the slices and on both sides. Turn bread and repeat diagonal slices in the opposite direction to form a network of "diamond" shapes.

Wrap bread with heavy-duty aluminum foil. Place loaf, right side up, in 400 degree oven for 8-10 minutes, or until heated through.

Carm Domino
Law Office of Brenda Murzyn
Naperville

BLACK BEAN SALSA

1 Can Black beans
1 8 Oz. Pkg. frozen corn (or fresh)
Chopped green onion, green & red bell peppers
Chopped fresh cilantro to taste ( 1/2 to 1/3 of a bunch)
Lime juice and balsamic vinegar.

Mix equal part of fresh lime juice and balsamic vinegar to taste. Pour over vegetables. Salt to taste and toss. Serve with tortilla chips.

William W. Mohr
Naperville, IL

"Live so that you wouldn't be ashamed to sell the family parrot to the town gossip."
Will Rogers

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