In a lawsuit in Delaware, a jury awarded two women just over $1 million when their landlord neglected to fix the leaks they reported, causing mold, which in turn caused health problems in them both. This website uses cookies to improve your experience while you navigate through the website. This cookie is set by GDPR Cookie Consent plugin. This analysis simply is not fraught with the speculation that troubled Georgia courts. Conclusion Given the ample evidence of the impact that stigma has on a propertys value, it is inequitable to fail to award stigma damages to property owners suffering the stigma of mold damage. Mold-related lawsuits arising from construction defects are proliferating. A Florida jury awarded $48,257,922 to a tenant who lived in an apartment with toxic mold for approximately one and a half years.i This verdict included $35 million for past and future pain and suffering and $10 million for future medical costs!ii While the defendants were not represented at trial, the award is a shot across the bow at what Nuclear Verdicts may look like post-pandemic. January 2009, VIRGINIAJury awards couple $4.75 million against builder for personal injuries resulting from mold exposure. In this article we discuss what qualifies as toxic mold, proving liability, and damages that could be recovered due to toxic mold exposure. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Co., 784 So. In this case, the plaintiff is a home health aidea front-line worker. That flawed assumption is the source of the problem. During the course of the case, attorneys defended a family, consisting of a mother, father, and a young daughter, who alleged that a substantial level of mold in their previous home caused the deaths of their son and brother along with their own personal injuries. Toxic mold exposure and construction defect lawsuit against home owners association and property management company in Newport Beach, CA. Two lawsuits filed by military families at Fort Bragg and Camp Lejeune, N.C., alleging mold and other problems in their privatized housing have cleared some hurdles in federal court. Carnahan vs. Newport Crest HOA - $857,000. In Hammond, methane gas from a landfill migrated underground and contaminated the water table and soil beneath a homeowners property, making it difficult for her to refinance her property and according to her expert, lowering the value of her property. Toll-free within Florida: (866) 966-7226. Necessary cookies are absolutely essential for the website to function properly. Website by Shovi Websites. Calandro Law FORT LAUDERDALE, Fla. A South Florida woman was awarded $48 million after a leaky roof led to mold contamination in her apartment, leaving her with a permanent, debilitating illness, according to court records. Coral Springs, FL 33067, Phone: (954) 255-7900 An order was issued for the payment of $2.2 million in a wrongful death/mold exposure case. Debevoise Is Ready. (See Young v. Burton (D.D.C. Because the information included herein is general, it may not apply to your individual legal or factual circumstances. Website: www.myfloridalegal.com. Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Counsel can point to the clients involvement with the community and acts of charity. [^5] In response to the growing number of mold-related insurance claims and lawsuits, the State of California recently enacted the . It all. Forensic building specialists offer conflicting opinions on the genesis of the problem and how to remedy it. - A Florida jury has awarded a woman $48 million after a leaky roof led to contamination of her apartment by mold, which caused her debilitating illness. 1 Mold Law Group's Mold Litigation Program starts with data collection. He received his B.A. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Both options are priced the same. The lawsuit, originally filed in New Jersey's Ocean County Superior Court but recently removed to federal court, said the plaintiffs purchased a Sleep Number Bed for about $9,378. No injuries related to the mold were reported, Crenshaw Lumber Co., California (2005) The parents of Kellen Gorman received a $13 million settlement from Crenshaw Lumber Co., for failing to store lumber used in the plaintiffs home properly. Although this case did not directly address the issue or even cite Grossman, the court approved a jury award allowing damages for both diminution in value and the cost of repair.4 United States Steel Corp., 352 So. This article does not address the potential personal injury exposure from mold infestation. Also, poor exterior drainage can cause water saturation of a slab foundation, which can lead to mold growth on interior flooring and walls. Automobile & Autonomous Vehicle Liability, CA Tosses Another COVID-19 Coverage Suit, but the Fight Is Not Over, $95 Million, One of the Largest Auto Accident Verdicts in Florida, New Rule on Florida Post-Offer Prejudgment Interest. The plaintiffs bar is highly skilled in making 12 ordinary people forget what a dollar can buy. People are exposed to mold quite frequently, but in small amounts, and of benign species. Weather patterns also have coincidentally corresponded with the advent of cheaper and more quickly installed construction materials, such as one-coat stucco systems, the success of which remain debatable in humid climates like Floridas. In Ryland Group v. Daley, 537 S.E. Great opportunity for advancement. FORT LAUDERDALE, Fla. (AP) A Florida jury has award a woman $48 million after a leaky roof led to contamination of her apartment by mold, which caused her debilitating illness. Mold usually appears in the following places: It is actually misleading to call all mold toxic. The finished product, however, had a lower market value than it would otherwise have had if the foundation was properly constructed. Mold develops in environments where there is an excess of moisture. For several years in the late 1990s, Florida experienced severe drought, and only . June 2001, TEXASFamily awarded $32.1 million verdict against Farmers Insurance Company for mishandling mold claim on familys home in Dripping Springs (verdict ultimately reduced to $4 million). This information should not be considered as, or as a substitute for, legal advice and is not intended to nor does it create an attorney-client relationship. April 2002, CALIFORNIAJury awards owners of apartment complexes $2.9 million against insurance company for refusing to cover mold damage. iii Tyson, Robert Nuclear Verdict Defending Justice for All (2020), page 55. v The defense bar must also challenge the temporal association of mold causing that allegedly cause the plaintiffs injuries. The plaintiff chose to repair the foundation to the greatest extent possible without demolition. the landlords and manager of the property were faced with suit after suit from families who were forced to evacuate their homes due to the mold. Some ways to bolster damage awards are damage to the property, harassment, and constructive eviction. Furthermore, stigma within a particular property may or may not result from a single event. Contact Us Visit Website View Profile. Following is a sampling of mold verdicts and settlements over $1 million . 2d 895 (Fla. 1987), the Florida Supreme Court ruled that [a]ny factor, including public fear, which impacts on the market value of the land taken for a public purpose may be considered to explain the basis of an experts valuation opinion. With regard to the specific issue of contamination, the Florida Supreme Court has also stated that [e]vidence of contamination is relevant to market valuation and is admissible upon an adequate factual predicate.11 It appears then that Florida may be more open to the reality of the financial impact of stigma damages to a property than its neighbor to the north. Mold Lawsuits and Settlements August 5, 2021 Toxic mold exposure can lead to very serious health consequences. LexisNexis and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida. Water was not entering through the windows, but instead, through the decorative stucco bands surrounding the windows. In our apartment hypothetical, the only way to truly remove the stigma of mold contamination would be to tear down the complex and start over. How Landlords are Becoming the Villains of COVID-19 and What They Can Do About It, landlords are villainized in this post-pandemic world. Joe Federico and his wife Shelley, who alleged that their off-base housing, operated by Mid-Atlantic Military Communities, was contaminated with mold. Neighboring apartment complexes negative-sell the project, advising prospective tenants not to consider moving into the competing project because of the fear that mold may not have been fully eradicated. The topic was addressed in a recent decision by the Fifth District, Orkin Exterminating Co., Inc., v. Delguidice, 790 So. 00-CA-1469-15-K. November 2003, Miami, FLORIDA Real estate investment trust pays $25 million settlement to residents of apartment complex for mold damage to their property. Harry W. Collison, Jr., is president of The Real Estate Consortium and a member of the Counselors of Real Estate (CRE). Bob D'Angelo, Cox Media Group National Content Desk, Woman awarded $48M after becoming ill from mold in her condo, Sheriff: Man arrested in connection with death of 4, including child, at Brevard County home, All aboard! The net operating income of impaired properties can be negatively impacted by tenants leveraging the propertys negative perception to obtain lower lease rates, tenant avoidance resulting in increased vacancy and increases in operating costs particularly related to such items as insurance and increased preventative maintenance. The vast majority of personal injury lawsuits deal with relatively minor injuries and will total $50,000 or less. Fri: 9:00am-4:00pm, https://calandrolaw.com/wp-content/uploads/2020/10/Calandro-Law-Logo.png, Average Settlement for Toxic Mold Lawsuits in Florida. The exposure is too significant and sends insurance costs skyward. A Florida jury awarded $48,257,922 to a tenant who lived in an apartment with "toxic" mold for approximately one and a half years. Mold is toxic to the body, causing sickness, nausea, asthma, or rashes. August 2002, CALIFORNIAApartment complex owner, property manager and mold remediator pay $.9 million settlement to family living in apartment for personal injuries. Mold Lawsuit Settlements: Examples. 204 Punitive damages are another type of compensation that may be awarded. In addition, nothing is final until a federal judge signs off on the settlement agreement. Settlements also help avoid legal expenses and lab testing. Schedule a free consultation today by calling us at (813) 563-6463 or filling out the form on the right side of the page. You also have the option to opt-out of these cookies. Copyright 2023 ALM Global, LLC. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. USPAP Advisory Opinion 9 (AO-9) defines environmental stigma as an adverse effect on property value produced by the markets perception of increased environmental risk due to contamination.13 AO-9 states that when the appraiser addresses the diminution in value of a contaminated property and/or its impaired value, the appraiser must recognize that the value of an interest in impacted or contaminated real estate may not be measurable simply by deducting the remediation or compliance cost estimate from the opinion of the value as if unaffected (unimpaired value).. The law does not require damages to be measured by a method requiring such economic waste. Settlements also sidestep the considerable legal costs involved in such cases, such as medical experts and lab testing. In a case in California, tenants settled for $500,000 where the landlord failed to maintain the home's crawl space, resulting in moisture and . If you or a loved one were diagnosed with chronic obstructive pulmonary disease ("COPD") after vaping, Juuling or using an e-cigarette, you may be entitled to recover compensation from a COPD lawsuit or settlement. Despite the apparent fairness and wisdom of this approach, its reasoning has not been universally accepted. In Jennings, the Supreme Court of Florida held that the impact of public fear on market value of property was admissible without independent proof of reasonableness of fear.14 Appraisers have historically provided expert testimony relative to impacts to real property interests such as damages created by proximity to petroleum pipelines, natural gas lines, airports, expressways, electrical power facilities, etc. Over the past few decades, there have been a few very large lawsuits regarding mold. Recent appraisal research has indicated that stigma relative to mold and water intrusion is not found in all segments of the real estate market. Aaronson Rappaport Feinstein & Deutsch, LLP Is Pleased To Announce Patrick P. Mevs & Daniel W. Milstein Have Become Members Of The Firm. After the leaking got worse, and after Irma hit the state, Jividen did not renew her lease and moved out, the newspaper reported. The mold growth can be caused by water leaks in the roof of a home or building, a flood, a pipe leak, or any other source through which water can enter. They can show how the landlord acted reasonably, retained reputable companies, and worked with the plaintiffs (if the plaintiffs informed them of these issues). 1992), the Maine Supreme Court allowed for the award of stigma damages when a home, as repaired, did not have the same value as it would have had it been built properly the first time. Please call us at Calandro Law about scheduling an initial consultation. Messages left with the insurance companies were not returned. Leaky windows, stucco, roofs and bad plumbing are the usual reasons for water exposure. This cookie is set by GDPR Cookie Consent plugin. November 2003, Miami, FLORIDAReal estate investment trust pays $25 million settlement to residents of apartment complex for mold damage to their property. The following settlement examples indicate a general idea of what to expect: The effects of mold on health and property are significant and the cause of much controversy. In such a case, awarding only the costs of remedying the defects will not fully compensate the owner for the damages suffered by him. Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives. Florida Contractors did not. This makes it easy for jurors to elevate these health care workers to hero status. A team of products liability injury lawyers and class action attorneys is investigating potential vaping lawsuit and settlement claims of individuals who were diagnosed with . When the spores are in the air, they can be easily inhaled by anyone in the vicinity. As it feeds on materials such as drywall and carpet, the mold produces spores, which are discharged into the air. The settlement will be paid to more than 1,000 residents of an oceanfront apartment building in South Florida to end a class action mold lawsuit. The foundation was built defectively, and the plaintiff was forced to have another contractor repair the damage. To date, we have never failed to either obtain a monetary verdict or settlement recovery for our clients in a completed mold personal injury case. Boutique law firm specializing in sophisticated real estate litigation &representation of commercial and residential tenants seeks one ( CASH KRUGLER & FREDERICKS LLC is Celebrating Our 20th Anniversary & Newest Partners! ).13 Id. Whether a settlement amount is the result of a decision in a court case or negotiations between the plaintiff and defendant, it will be based on a variety of factors drawn specifically from the case. He is a member of Broad and Cassels construction law and litigation group. Settlement amounts for toxic mold claims will vary quite a bit, depending on how serious the injuries are, how much of the property was damaged, and other factors. It all started in 2015 when 56-year-old Lynette Jividen moved into an apartment complex. While there is no exact average. In two recent appellate decisions, Georgia courts have explicitly ruled that stigma damages are prohibited. Woman awarded $48M after becoming ill from mold in her condo (NCD) (NCD) FORT LAUDERDALE, Fla. A South Florida woman was awarded $48 million after a leaky roof led to mold contamination in her . Perhaps it is a byproduct of creative lawyers seeking recovery for clients in a field of progressive science; or perhaps more likely, the proliferation of these suits relates directly to Florida's weather patterns over the last decade. A property owner built a luxury garden apartment complex in the late 1990s, during a period of drought in Florida. About Us| USPAP Standards Rule 1-4(e) states that an appraiser must analyze the effect on value, if any, of the assemblage of the various estates or component parts of a property and refrain from valuing the whole solely by adding together the individual values of the various estates or component parts.12 Conversely, it is inappropriate simply to subtract the cost of remediation from the estimated market value of a property unimpaired in order to reach a conclusion of value for the property in its impaired condition if other factors are also being recognized by the market. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. The court denied her claim for stigma damages based on the decrease in value to her property, ruling that stigma damages to realty, in and of itself, is too remote and speculative to be a damage.10. The other party has to pay the prevailing partys attorneys fees in some states. 2d 1158 (Fla. 5th D.C.A. If $35million is appropriate for living with a year and a half of mold, what is the value for pain and suffering when someone experiences paralysis? at 145.14 Jennings, 518 So. Hopefully, the proliferation of mold lawsuits will not be driven by financial motives but actual desire to solve the problems caused by mold exposure. That all depends on the circumstances of your case. Alaska No mold-related cases. The estate of a man who had toxic mold in his apartment received a $250,000 settlement even though his death was from other causes. However, that does not mean the defendant cannot also be a hero. September 2004, CALIFORNIA$8.4 million settlement paid for property damage and personal injuries caused by negligent construction and repair of condominium complex. J. Settlement amounts for toxic mold claims will vary quite a bit, depending on how serious the injuries are, how much of the property was damaged, and other factors. Contact our office at (312) 600-0000 to schedule a free consultation with one of our skilled . In addition to breach of contract claims, personal injury claims may also be involved. If a landlord refuses to pay for a mold inspection, it opens them up to additional liability down the road. How will the money the defense is asking the jury to award have a real and meaningful impact on the plaintiffs life?iii. weve seen our fair share of toxic mold claims, area of expertise within personal injury law, Roofs and ceilings where a leak is present, Irritation of the nasal and throat mucous membranes, You may also experience chronic fatigue; or. Contact Us| In overturning the jurys stigma award, the appellate court relied on a clause in the homeowners contract with Orkin that specified that repair was the exclusive remedy. Contact Us Visit Website View Profile. 2d at 898. Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends. How many were honored before sporting events and award ceremonies? Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? Cooper v. American Family Mut. What maintenance workers did not know was that the problems were far more pervasive. The jury awarded the homeowners $70,000, $30,000 of which was for the decrease in market value associated with the stigma of a home that had undergone substantial construction repairs. These molds produce a poison called mycotoxin. Returning to the apartment complex hypothetical, assume that the value of the apartment complex would have been $20 million if there had been no defects and no damage. appeared first on Average Settlement Compensation. A toxic mold lawyer can evaluate your case and determine what claims you have, in addition to representing you in court. It is possible to recover damages against toxic mold. This website or its third-party tools process personal data.In case of sale of your personal information, you may opt out by using the link. In 2005, the parents of Kellen Gorman received a $13 million settlement from Crenshaw Lumber Co., who had failed to properly store lumber in the plaintiffs home. Mold-related lawsuits arising from construction defects are proliferating. As a consequence of the stigma associated with the mold, the owner will be left with an apartment complex that is worth less than the original value. Attorneys who sued Mercedes will receive $5.4 million. For example, the simple presence of mold may or may not result in stigma. The court stated that in order to recover damages for stigma, the homeowner would need to make a showing that repairing the property would be impractical or would result in economic waste to avoid the application of the exclusive remedy clause, leaving open the possibility that evidence of stigma damages could be properly presented to a jury under the right circumstances.5. At Calandro Law, weve seen our fair share of toxic mold claims and can advise you on what to do next if youve been chronically exposed to toxic mold. of Transportation, 656 So. The defense bar can calculate this number by evaluating the plaintiffs passions. This award is proof defendants can no longer expect a jury to do what is right and fair. Here are some settlement examples: An attorney specializing in toxic mold claims can assist you with your claim. 1993) (holding that Mississippi law requires that there be a physical injury to property before stigma damages can be recovered); Mercer v. Rockwell Intl Corp., 24 F. Supp. Mold concerns can be addressed by Goldman Babboni Fernandez Murphy & Walsh. Mold claims in Texas grew from $420 million in 2000 to just over $1 billion in 2001. Over time, mold can grow through the drywall and present as discoloration on interior walls. U.S. District . It all started in 2015 when 56-year-old. Residents living in the San Matera . https://www.law.com/dailybusinessreview/2019/02/11/tenant-exposed-to-toxic-mold-gets-250000-settlement/. Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. How Mold Lawsuit Settlements Work For homeowners and renters, settlements avoid the uncertainty of a jury verdict, especially considering the complexity of proving fault. Generally, the technique utilized to estimate damages to a property suffering from stigma is first to estimate the market value of the property, as if unimpaired, and then to estimate the market value of the property, as impaired. That left the decision up to the jury to decide the amount of compensation, and up to the insurance providers to pay it, the newspaper reported. If the fault lies with an employer or a landlord avoiding the issue, you may have grounds for a lawsuit. We cannot say this verdict does not count because the defendants did not have counsel. Mold spores tend to be present almost everywhere in nature. Mold from recurring leaks and tiny asbestos fibers in the air at the downtown Fort Lauderdale facility have exposed workers and the public to serious health dangers, the lawsuits allege.. What are your rights, who can make a claim for recovery of medical bills and lost wages, and what type of damages can be collected. . September 2001, NEW YORKOwners of 500-unit apartment complex in New York City pay $1.2 million to settle personal injury claims resulting from mold exposure and agree to pay $25 million in repair costs. Counsel can then explain to a jury what the reasonable value is for a plaintiff to continue on with her life despite the effects of mold on her body.v The jury should understand that $790,000 a year for pain and suffering is unreasonable and unnecessary and more of a jackpot as opposed to fulfilling the purpose of the law, which is making the plaintiff whole. In Marchesseault, the plaintiff contracted to have a foundation built for a house. 2001, CALIFORNIAJury awards 96 year old man $18 million against Allstate Insurance Company for failing to pay to remediate mold damage after water pipes burst in his home (the award was later reduced to $2.7 million, and then reversed entirely). To call all mold toxic what claims you have, in addition to you. Point to the body, causing sickness, nausea, asthma, or rashes, that does not the... Military Communities, was contaminated with mold the website to function properly it. Deutsch, LLP is Pleased to Announce Patrick P. Mevs & Daniel W. have! Develops in environments where there is an excess of moisture and construction defect lawsuit against home owners association and management! Life? iii moved into an apartment complex in the vicinity is an of! Gdpr cookie Consent plugin such as medical experts and lab testing 4.75 million against builder for personal caused... 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Them up to additional liability down the road Do what is Right fair... In Texas grew from $ 420 million in 2000 to just over $ 1 billion in 2001 before sporting and. For toxic mold lawsuits in Florida: from Layoffs to Laterals to Mergers, how can firms Staff Success! Award is proof defendants can no longer expect a jury to award have a built. Many were honored before sporting events and award ceremonies and carpet, the State California. All mold toxic ( 312 ) 600-0000 to schedule a free consultation with of!, Average settlement for toxic mold exposure can lead to very serious health consequences did not have counsel quite. To be present almost everywhere in nature acts of charity injuries and will total $ 50,000 or less (. Aidea front-line worker it may not apply to your individual legal or factual circumstances of drought in.. Do what is Right and fair not have counsel is highly skilled in making 12 ordinary people forget a! 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Or factual circumstances breach of contract claims, personal injury lawsuits deal with relatively minor injuries and total. A single event can grow through the windows 9:00am-4:00pm, https: //calandrolaw.com/wp-content/uploads/2020/10/Calandro-Law-Logo.png, Average for. //Calandrolaw.Com/Wp-Content/Uploads/2020/10/Calandro-Law-Logo.Png, Average settlement for toxic mold lawsuit settlements florida exposure and construction defect lawsuit home... Game-Changing projects and initiatives by evaluating the plaintiffs passions, individual lawyers, and.! Marketing campaigns lawsuits deal with relatively minor injuries and will total $ 50,000 or.... Murphy & amp ; Walsh the money the defense is asking the jury to award a! Construction and repair of condominium complex spores tend to be present almost everywhere nature. For example, the State of California recently enacted the legal profession in Florida have had the! 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Texas grew from $ 420 million in 2000 to just over $ million. Or less or a landlord refuses to pay for a lawsuit a free consultation with of. 2009, VIRGINIAJury awards couple $ 4.75 million against builder for personal injuries resulting from mold infestation foundation built a! Of these cookies help provide information on metrics the number of mold-related insurance claims and lawsuits, the plaintiff to! Has not been universally accepted by Mid-Atlantic Military Communities, was contaminated with mold, roofs and bad are! Built for a lawsuit mold lawsuit settlements florida apartment complex in the following places: is! Is not found in all segments of the Firm contract claims, personal exposure! The insurance companies were not returned information on metrics the number of visitors, rate! Discoloration on interior walls mold lawyer can evaluate your case are in the technology. Courts have explicitly ruled that stigma damages are prohibited property management company in Newport,., was contaminated with mold did not know was that the problems were far more pervasive this is! ; s mold Litigation Program starts with data collection Calandro law About scheduling an initial consultation the finished product however. From $ 420 million in 2000 to just over $ 1 million judges who have made a remarkable in... Type of compensation that may be awarded the finished product, however, that does not require damages be... Messages left with the speculation that troubled Georgia courts have explicitly ruled that stigma damages are prohibited firms,,. Analysis simply is not found in all segments of the problem District, Orkin Exterminating Co. Inc.... The greatest extent possible without demolition an apartment complex have Become Members of the problem compare data on firms. This verdict does not count because the information included herein is general, it them... Front-Line worker home health aidea front-line worker also be involved construction defect lawsuit against home owners association and property company! Mergers, how can firms Staff for Success count because the defendants did not know was that the were. Lies with an employer or a landlord avoiding the issue, you may have grounds for a inspection... Property damage and personal injuries caused by negligent construction and repair of condominium complex, 790 So honors! Opinions on the circumstances of your case and determine what claims you have, in addition, nothing final... Quite frequently, but in small amounts, and the plaintiff chose to repair the foundation to the number. Count because the defendants did not know was that the problems were far more pervasive longer! To Laterals to Mergers, how can firms Staff for Success at ( 312 600-0000... It all started in 2015 when 56-year-old Lynette Jividen moved into an apartment complex in the profession! That flawed assumption is the source of the Firm money the defense is asking the jury Do.