Attorneys for Wilton parents in air quality lawsuit withdraw
WILTON — Attorneys representing Christopher and Marissa Lowthert in their civil lawsuit against the town of Wilton and the Board of Education have filed a motion in Stamford Superior Court to withdraw as counsel.
The Lowtherts filed a lawsuit in 2015 on behalf of two of their minor children, who had attended Miller-Driscoll School. It alleges the children were injured after being subjected to wet building conditions, mold, poor indoor air quality, high carbon dioxide and poor ventilation at the school.
Named as defendants in the suit are the Town of Wilton,;Wilton Board of Education; Gary Richards, who was superintendent of schools at the time; former principal Cheryl-Jensen-Gerner; Ken Post, former operations director for the school district; Bruce Likly, former Board of Education chairman; and former First Selectman Bill Brennan.
In their motion, the attorneys, Michael C. Harrington and Elizabeth M. Smith, along with their firm, FordHarrison, LLP, of Hartford, pointed to “insurmountable differences” regarding a proposed settlement. With the Lowtherts and their children as plaintiffs, the attorneys said they believe continuing to represent the plaintiffs would be limited by their responsibilities to one or more of the remaining plaintiffs.
A jury trial was to have begun on Jan. 7, but was continued when both the plaintiffs and defendants notified the court they had a settlement in principal. The language and parameters of the settlement have been continuing since then, the attorneys said.
Both the Board of Selectmen and Board of Education had a discussion of a proposed settlement on their agendas for meetings this month, but the matters were ultimately not taken up.
Court proceedings list a remote status conference for Aug. 6.