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Winery sues over presence of mold
By ADRIENNE P. SAMUELS DUNEDIN -- A fledgling winery is suing its landlord over the possibility that deadly mold spores breeding in the attic and walls might have contaminated their wine. Tampa Bay Winery last Thursday filed a lawsuit against Mary Ann Nezis, 52, the owner of the strip mall at 1350 Main St. The suit asks for a minimum of $215,000 in restitution because of the loss of business because of the mold infestation that led to last weekend's extensive product recall and future attorneys fees. No one is willing to name the tenant originally responsible for hiring the outside company that found the mold. Nezis of Clearwater was notified of the problem Aug. 6, but no one has heard from her since. Nezis did not return telephone messages seeking comment. Nezis' strip mall is home to two restaurants, a manicure-pedicure shop, a salon, a typewriter repair shop and some empty storefronts. Several store owners said this week that their landlord has said nothing of a mold problem. Attorney Donald J. Schutz, who represents the winery, said another strip mall tenant hired an independent mold investigator. Schutz said he plans on having his own studies done today at the winery. "We should have some fairly elaborate testing done quickly," Schutz said. Indoor mold issues are not regulated by the Environmental Protection Agency or the state health department. Health officials said it is possible, but extremely rare, for mold spores to infect open wine vats. "There are mold spores everywhere in Florida," said Randal Standley, an indoor air quality specialist for the Florida Department of Health. "Mold spores can drift around and, if the vat is open, get into it." Tampa Bay Winery last week recalled all wine produced and sold by owner Arnie Zweban of Palm Harbor. The winery's special technique uses imported grape concentrates to create wines in 60 to 90 days. It is unclear how many bottles were sold and how many have been returned, but the lawsuit says 9,000 bottles were produced since fall 2001. Zweban, who has a background in hotel and restaurant management, invested $100,000 in his business. The winery started selling wines in June. It had been producing wines since September. Now, a hand-written sign attached to the door says the winery is closed. A look through the darkened glass windows shows clean tabletops and pristine floors. The mold said to inhabit the strip mall is a species called penicillium, according to the lawsuit. Penicillium covers a broad spectrum of molds that easily grow in soil and are often found in homes. Most penicillium can be toxic if ingested or inhaled in high doses. A specific type of penicillium is used to make the common medicine penicillin. The state Health Department only will investigate indoor air quality issues if notified. The agency, which recently opened an office in Largo, gives out free mold remediation booklets and tips because some molds cause allergic reactions like coughing and wheezing. In rare cases, mold can infect the lungs and could lead to death. Generally speaking, mold occurs when humidity or water in an area creates enough moisture to allow spores to multiply on nutrient-rich surfaces such as drywall, paper or wood. Standley, who has made his own wine at home, says it is possible for fungi or mold to get into fermenting wine and cause a change in taste. -- Times correspondent Julie Church contributed to this report. Adrienne Samuels can be reached at 445-4157 or samuels@sptimes.com.
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From the Times North Pinellas desks Letters |
