Brengle v. Greenbelt Homes, Inc.

804 F. Supp. 2d 447, 2011 U.S. Dist. LEXIS 39850, 2011 WL 1362115
CourtDistrict Court, D. Maryland
DecidedApril 11, 2011
DocketCivil Action No. DKC 10-2133
StatusPublished
Cited by16 cases

This text of 804 F. Supp. 2d 447 (Brengle v. Greenbelt Homes, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brengle v. Greenbelt Homes, Inc., 804 F. Supp. 2d 447, 2011 U.S. Dist. LEXIS 39850, 2011 WL 1362115 (D. Md. 2011).

Opinion

MEMORANDUM OPINION

DEBORAH K. CHASANOW, District Judge.

Presently pending and ready for review in this Fair Housing Act case is the motion of Defendant Greenbelt Homes, Inc. to dismiss count III of Plaintiffs amended complaint (ECF No. 13). The issues are fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, Defendant’s motion will be denied.

I. Background

Plaintiff Darlene Brengle initiated this lawsuit against Defendant Greenbelt Homes, Inc. (“GHI”) on August 3, 2010. (ECF No. 1). Her amended complaint asserts three counts: count I alleges that GHI discriminated against her in violation of the Fair Housing Act, 42 U.S.C. § 3601 et seq.; count II alleges that GHI is liable for negligence; and count III alleges that GHI is liable for intentional infliction of emotional distress (“IIED”).1 GHI has moved to dismiss only count III and accordingly this memorandum is limited to a discussion of the alleged facts relevant to that count.

Ms. Brengle is a fifty-four year old woman disabled by kidney disease and respiratory and immune system disorders. (ECF No. 11 ¶ 1). GHI is a non-profit corporation and housing cooperative consisting of approximately 1,600 homes, including townhouses, attached homes, and related [450]*450common areas in Greenbelt, Maryland. (Id. ¶ 7). From November 1999 until May 20, 2009, she resided within the GHI community at 52A Ridge Road, Greenbelt, Maryland. (Id. ¶ 6). Since 1999, Ms. Brengle’s sole source of income has been social security disability insurance benefits. Ms. Brengle alleges that GHI was aware of her disabilities and her source of income at the time she moved into the community. (Id. ¶¶ 6, 9). She also alleges that prior to moving into the community, she obtained assurances from GHI’s management that it did not use the kinds of pesticides that caused severely adverse health effects for her when she was exposed to them in 1993. (Id. ¶¶ 10-11).

In October 2007, Ms. Brengle learned that GHI was considering using certain toxic chemicals to eliminate bamboo and other invasive plants in areas near to her unit. (Id. ¶ 13). At that time she asked GHI to refrain from using pesticides or herbicides near her home because of the potential adverse effects on her health. Along with her request she submitted a letter from her doctor stating that “exposure to pesticides and herbicides ‘will greatly jeopardize her health and possibly cause irrevocable damage’ because Ms. Brengle’s fragile health left her ‘unable to metabolize these [chemicals] adequately and therefore [she] can have more severe reactions.’ ” (Id. ¶ 14). Beginning in October 2007, Ms. Brengle also contacted her neighbors, the GHI Board of Directors, and GHI management about the potential harm to her from the use of the proposed chemicals, had a letter published in the local paper, gathered signatures from neighbors for a petition protesting the use of the pesticides, and engaged in other activities to notify the GHI staff and Board of her concerns. (Id. ¶ 15). Ms. Brengle alleges that, in response, the GHI Board members, management, and staff “belittled her; expressed skepticism about the effect of the chemicals on her health; provided incomplete and misleading information concerning chemicals to be used; impugned her character and falsely accused her of gaining access to a GHI office without permission; and insisted that GHI would continue to use pesticides and herbicides if its Board of Directors deemed it advisable.” (Id. ¶ 17). Nevertheless, GHI also made written and oral promises to provide Ms. Brengle with advance notice before applying the chemicals so that she had an opportunity to be absent from the premises during those times. (Id. ¶ 17).

Despite these assurances, on May 20, 2009, GHI permitted a contractor to apply the pesticide “Phantom” to the unit immediately below Ms. Brengle’s unit. (Id. ¶ 19). GHI did not provide Ms. Brengle with advance warning, but she happened to be away from her unit at the time. Within moments of her return to the building she experienced “a strong and painful burning sensation on her face and in her eyes and throat and she developed a severe headache and nausea.” (Id. ¶ 21). Shortly thereafter she experienced respiratory distress and “acute airway obstruction to the point she nearly stopped breathing” and was taken to the emergency room. (Id. ¶¶ 22-23). At the hospital, tests confirmed that she had been exposed to toxic chemicals and had an acute asthma attack, and she was advised not to return to her home until the chemicals were removed. (Id. ¶¶ 23-24). In the following weeks, Ms. Brengle consulted five other physicians regarding her condition. They concluded that the chemical exposure exacerbated a number of her conditions and diagnosed her with chemical poisoning, reactive upper and lower airway disease of severe degree, significant toxic encephalopathy, and mild peripheral neuropathy. (Id. ¶¶ 27-28).

On May 22, 2009, Ms. Brengle notified the General Manager of GHI, Gretchen [451]*451Overdurff, about her reaction to the pesticide and her doctor’s recommendation not to return until the chemicals had been removed. Ms. Brengle also informed Ms. Overdurff that she was “out on the street” and needed GHI to provide alternative housing, either in a motel or permission to stay in GHI’s “Guest House”, but Ms. Overdurff said “there was nothing” she could do. (Id. ¶¶ 29-32). GHI made no efforts to provide alternative housing for Ms. Brengle or to assist her with cleaning up or mitigating the effects of the chemical exposure, at that time or thereafter. (Id. ¶ 33). At her own expense, Ms. Brengle’s unit was thoroughly cleaned by Green-Light Cleaners on June 24, 2009, but a chemical residue remained. (Id. ¶¶ 34-36). Ms. Brengle has not lived in her unit since May 20, 2009, and cannot spend more than ten minutes in the unit without experiencing symptoms similar to those she experienced on May 20, 2009. (Id. ¶ 37). She has been sleeping in her car or staying with friends in Greenbelt and Lanham, and she has been unable to use nearly all of her possessions, valuables, and keepsakes that were in the unit because they have traces of the chemical residue. (Id. ¶¶ 39, 41).

In count III of her amended complaint Ms. Brengle alleges that “through its mistreatment ... and its extreme callousness, and by exposing her to toxic chemicals despite her repeated warnings that such exposure could be extremely harmful to her health and well-being, GHI caused [her] severe emotional distress.” (Id. ¶ 43). She alleges that she is “often overcome physically and emotionally by the enormity of these difficult circumstances, and by anxiety, fear and distress about not being able to recover both physically and financially and to get back into stable housing.” (Id.). She further alleges that her distress “is debilitating and prevents her from being able to interact with others and attend to basic requirements concerning sleep and diet, which further affects her physical health” and that her emotional distress “is further exacerbated by her loss of a stable living environment or any semblance of a ‘home.’ ” (Id. ¶¶ 67-68).

GHI moved to dismiss count III of the amended complaint on November 22, 2010, pursuant to Fed.R.Civ.P.

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Bluebook (online)
804 F. Supp. 2d 447, 2011 U.S. Dist. LEXIS 39850, 2011 WL 1362115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brengle-v-greenbelt-homes-inc-mdd-2011.