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SAN DIEGO (KGTV) - A Marine Corps. family won a -million lawsuit against Lincoln Military Housing after they say mold sickened their children.The Charvat family moved to San Diego's military housing near the Marine Corps. Recruitment Depot in April 2015. Father and husband Matthew worked at MCRD.The lawsuit lists disturbing symptoms the family dealt with, including "diarrhea, dizziness, drowsiness, irritated eyes, watery eyes, fatigue, stuffy nose, sinus congestion, itchy skin, sneezing, sore and dry throat, chest tightness, runny nose, lethargy."Anna, 9, was brought to tears when she described what she and her family endured, "my breathing was bad, I got sick a lot and my brother," she said choking up.Her mother, Leigh, said she had to take Anna to the emergency room after Anna woke up in the middle of the night gasping for air.When it came to her 6-year-old son Johnathan, "you could hear him breathing downstairs, it was very loud we used to say he sounded like Darth Vader."She said she tried everything from a different diet to going to doctors to try and figure out why her family was sick."I felt everyone thought I was crazy. Doctors, family thought I was crazy," she said in anguish. Then, the family found vents covered in black mold."It was shocking, I was disgusted," Leigh said, but she was also relieved to find an answer."Okay this is it, let’s get rid of it and let’s get on with our lives so we can get back to the way things were," she said.The lawsuit stated the defendant, Lincoln Military Housing, "negligently, improperly, recklessly and in a non-controlled manner, exposing Plaintiffs to excessive moisture, dampness, and humidity, as well as microbial contamination."Leigh said the company tried to "put a band-aide" on the situation and didn't try to find the source of the mold, "we were still sick after all their attempts to clean."The family moved out and had to throw away toys and furniture to keep from contaminating their new home. Leigh said some of the most severe symptoms vanished when they moved into their new home.LMH sent 10News this statement: 2107

SAN DIEGO (KGTV) - A San Carlos family hit hard by the pandemic is picking up the pieces after a fire gutted their home.Raegan Gaedke's brother shot cellphone video of smoke pouring out of their home on Verlane Drive on Sunday evening. Minutes before, Raegan, 16, and her brother Ryley, 17, had returned home from a grocery run, before discovering smoke in their parents' bedroom."Ran and got my dog out. My brother turned off the power and got the fire extinguisher, but it was too late. The fire spread too much," said Gaedke.Their mom Cyndi, who was visiting relatives, says fire crews later told them the cause was a window air conditioner. The home they had been renting for the last 12 years is a total loss."So hard for me to comprehend we have nothing. It's all gone," said Cyndi.Cyndi says they did not have renters insurance. It's a purchase set to the side."You think you'll get back to it, and you don't. Won't make that mistake again. It's hard to describe how stressful this has been," said Cyndi.The stress levels already high since the start of the pandemic. Cyndi's husband, the breadwinner of the family and a commercial fisherman, has been out of work. His job counted on now-grounded international flights for shipping. The amount of money they family is receiving from unemployment is modest. Paying the rent had become a concern."We did have quite a bit of savings, but that's all gone. it's been tough and awful. My husband has had a lot of anxiety, as well as me," said Cyndi.Right now, family members are staying with relatives. A Gofundme campaign has been set up to help the family. 1617

SAN DIEGO (KGTV) -- A San Diego couple is challenging a luxury carmaker after their BMW SUV suddenly caught on fire. The Pearsons said they bought a BMWx5 in August 2018 because they thought it would be safe and reliable. In December, they replaced the battery at BMW of Escondido. The next month, Lisa Pearson was driving on Interstate 15 when she noticed a warning light showing an airbag and parking brake error. She pulled over and noticed smoke coming from the back of the car.“It happened so fast,” Lisa said. A fire had started from the rear of her vehicle. A passing tow truck driver stopped to help put out the smoke and flames. Firefighters told her it could have been a different story if her children were inside in their car seats. “It was really nerve wracking,” Lisa said. “I was really thankful since I saw that the fire was happening in the back of the car that the kids weren’t there.”They said their SUV was a total loss. It was after the fire that the Pearsons ran into even more problems. When BMW of North America inspected the vehicle, they blamed it on “an improperly secured connection of the battery cable." In the letter to the Pearsons dated February 29, 2019, Executive Customer Care Representative Michael Pigoncelli wrote, “BMW NA cannot accept responsibility for any damage, injury, or loss associated with the fire…” BMW of Escondido disagreed with corporate’s allegations, writing to the Pearsons that “the repair was done as per the BMW guidelines.” “It just seems that they’re pointing fingers at each other. Nobody cares about us or the consumer,” said Ryan Pearson. “It was still under factory warranty,” Lisa added, saying they hadn't even had it for five months. “What’s it going to take? Does someone need to die?” The Pearsons are not the only local couple to have their BMW catch fire. In October 2017, Laura Ohme said her parked BMW started a fire at the Torrey Hills homes where she lived with her family.She was in the shower when she heard a strange noise. “I just hear this really really weird popping kind of noises,ll ” Ohme said. With her two kids asleep in their rooms, she threw on a towel to find out what was going on. She went downstairs and saw smoke. “The door itself [was] literally black and glowing.”Ohme grabbed her two children and ran outside the house. “The fire, it was raging at that point,” she said.Fire investigators determined her recently purchased 2014 BMWx5 started the fire. It was a certified pre-owned vehicle she bought just a few months before. Ohme said the vehicle was sitting in the garage and turned off at the time of the fire. "I didn’t even put 5,000 miles on the car,” Ohme said. She said BMW has had a “non-response” to the situation. “BMW is not taking responsibility,” she added.While the Ohmes and Pearsons’ fires started under different circumstances, they shared things in common. Both BMWx5s were recently purchased just a few months before the fires. They both had warranties and neither vehicle was under a recall.ABC News started investigating mysterious BMW fires in 2017. Like the Ohmes, dozens involved vehicles that were parked and turned off. Since then, about 1.6 million BMWs have been recalled for fire risk. A BMW spokesperson told Team 10: "BMW notifies owners of vehicles affected by a recall via registered mail to advise them that their vehicle is part of an upcoming recall campaign and what the next steps are. BMW recently expanded its recall notification system for vehicles built after 3/2016 to allow owners to also be notified through the BMW Connected App on their smartphone. A vehicle recall may require that a part be replaced or software be updated." A spokesperson for BMW of North America told Team 10 they could not comment on the Ohme’s situation “due to litigation.” The Ohmes' attorney told me they are preparing a class-action lawsuit for the damages caused by the BMW fires.“I was able to get myself and my children out safely, but at some point someone is going to die,” she said.Regarding the Pearsons, BMW of North America wrote on March 22nd that they still believe the Pearsons’ vehicle caught fire because of “an improperly tightened battery terminal after a recent battery service.” The spokesperson added: “BMW is currently working with the dealer and the owner to resolve the matter.”In an email on March 22nd, a few days after Team 10 first contacted BMW of Escondido, the service manager wrote he “sent the Pearsons claim and contact info for [their] insurance company” and instructed their insurance to settle her claim as quickly as possible. They still disagree with BMW of North America’s findings. “We can’t let this go on and hurt other people,” said Ryan.“You are saying you are a very high quality company that sells very luxury cars, and yet your cars are catching fire. Those two do not go hand in hand,” Lisa said. If you want to check your vehicle for any open recalls, you can click on this link: https://www.nhtsa.gov/recalls 4989

SAN DIEGO (KGTV) — A San Diego hairstylist is suing Governor Gavin Newsom over closures of indoor salons. It comes even after a revised order that allows them to operate outside.Amy Mullins-Boychack doesn’t take just any client.“They might have to pace for 15 minutes before they can regulate their anxiety to get a hair cut,” she said.She’s been cutting hair for children with special needs at her salon “THAIRapy” for eight years. Under restrictions from the state, salons are only allowed to operate outdoors.She says that’s not an option with her clients.“I have clients that don’t have impulse control,” said Mullins-Boychack. “They don’t have the ability to just sit anywhere and get a hair cut.”So she joined a lawsuit filed against the governor in March. The plaintiff, JD Bols, is a landlord to several churches and beauty salons in San Diego.The lawsuit also names Mayor Kevin Faulconer, Sheriff Bill Gore, and the County Board of Supervisors as defendants. It claims the pandemic-related restrictions violate civil rights and have financially crippled businesses deemed non-essential.“This isn’t about vanity," says Mullins-Boychack. “This is a life skill for them, this is routine, this is repetition, this is part of their livelihood, part of their social skills.”In addition to the lawsuit, she’s working to get an exemption from the governor to continue her business indoors. 1398

SAN DIEGO (KGTV) -- A recent poll shows how residents of the 50th Congressional District are feeling a week after Darrell Issa entered the race. According to the poll, Democrat Ammar Campa-Najjar is leading the race, followed by Republican Carl DeMaio and Republican Darrell Issa. Meanwhile, the poll is also an indication of how district residents feel about a number of issues, including impeachment proceedings against President Donald Trump. To get the data, SurveyUSA interviewed 770 voting-age individuals in California’s 50th Congressional District between September 27 and October 2. Of the voting-age individuals surveyed, 671 are registered to vote in the state. 592 of those registered voters were likely to vote in the 2020 California Primary, SurveyUSA says. Read the results of the 10News-San Diego Union-Tribune poll below: When asked what their impressions of Helen Horvath, David Edick Jr. and Brian Jones are, most of those asked said they were unfamiliar with the candidates. A majority of those asked said their view of Carl DeMaio was positive, while a slim majority of those asked said their impression of Darrell Issa is negative. A majority of those asked also said their impression of Ammar Campa-Najjar and Duncan Hunter is negative. 1268