Ohio State Faces Mold Lawsuit Over Lawrence Tower Dorm

Judge Allows Four Claims to Proceed

COLUMBUS, Ohio — An Ohio Court of Claims judge has ruled that four claims in a lawsuit over mold at Ohio State University’s Lawrence Tower dormitory can move forward to trial.

On Sept. 8, Judge David Cain allowed claims of negligence, breach of implied warranty of habitability, nuisance and breach of contract to proceed. He dismissed a claim of fraud.

The ruling comes after students and families alleged that Ohio State housed students in Lawrence Tower despite knowing about mold problems in the building.

Mold Forces Relocation of Hundreds

Lawrence Tower has been closed since the spring semester due to high mold levels. In one room, the spore count reached 2 million, compared with a normal level of about 9,000, according to prior Lantern reporting.

The university relocated about 500 students to other residence halls, leased apartments off campus or allowed them to cancel their housing contracts.

The dorm was previously a Holiday Inn property that Ohio State acquired and converted into student housing.

Lawsuit Filed by Students and Families

Two law firms, Be Well Law and Bressman Law, filed the lawsuit Jan. 13 on behalf of 32 plaintiffs. The case claims Ohio State failed to provide safe living conditions in violation of housing contracts and state landlord-tenant law.

“We are pleased that the Court of Claims has ruled in favor of allowing four of our client’s claims against Ohio State to proceed to trial,” attorney Jedidiah Bressman said in a statement. “We believe this reflects the seriousness of the issues raised and the importance of a full and fair hearing on the merits.”

Bressman said no trial date has been set, but attorneys intend to pursue the case fully.

University spokesperson Ben Johnson said Ohio State does not comment on ongoing litigation.

Details of the Claims

Cain ruled that the university may have violated the implied warranty of habitability under Ohio’s Landlord-Tenant Act. The act requires landlords — in this case, the university — to ensure housing meets basic living standards.

The negligence claim argues Ohio State failed to maintain safe conditions in Lawrence Tower, including negligence per se for not meeting legal duties under rental agreements. Cain denied the university’s request to dismiss the claim, ruling negligence and breach of contract may both be pursued.

The breach of contract claim centers on Ohio State’s obligation under housing contracts to provide safe and sanitary accommodations.

The nuisance claim argues that students were deprived of the ability to reasonably use and enjoy their rooms, experiencing “annoyance, discomfort, and inconvenience” as well as physical effects from mold exposure. The court found this to be separate from the breach of contract claim.

What Comes Next

The case will now proceed to trial, though no date has been scheduled. The outcome may depend on how the court applies evidence across the different claims.

For now, Lawrence Tower remains closed, and the lawsuit continues as students and their families seek relief for what they describe as unsafe and uninhabitable housing conditions.