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Page 1 of 110

EXPERT WITNESS REPORT

MELANIE BECKEMEYER

vs. 

GELCO CORPORATION, ETC.

Case No. 1:17-CV-00695-MRB

Prepared by:

Jeremy Porter, PMP

16 Canyon Court

Yorkville, IL 60560

Report prepared for Ritzler, Coughlin & Paglia, Ltd.

Subject: Mold/ Bacteria growth in 2014 Toyota RAV4

VIN 2T3DFREV9EW127356

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Table of Contents

INTRODUCTION Page 1

ASSIGNMENT Page 1

OPINIONS RENDERED Page 2

BASIS FOR OPINIONS Page 4

Related Information Page 4

Mold Page 5

Bacteria Page 6

Endotoxins Page 7

Indoor Air Quality Page 8

Outdoor Air Quality Page 8

Exposure Limits to Mold Page 8

Differences in buildings and vehicles Page 9

Air Quality Illness Correlations, General Page 10

Illness Air Quality Correlations, Specific Page 19

Actions of Gelco Corporation Page 24

Review of Mr. Rucker’s Report Page 27

Review of Whole World Health Care, PC Report Page 37

Research Data Page 54

CONCLUSION Page 56

Appendix 1, Vehicle Inspection Page 57

Appendix 2, Sampling Data Page 78

Appendix 3, Laboratory Qualifications Page 84

Appendix 4, Vehicle Manual Air Conditioning Section Page 88

Appendix 5, Service Records Page 99

Appendix 6, Mold Types Page 104

Appendix 7, CV Jeremy Porter Page 108

This report contains copyrighted material used under fair use doctrine. Sources are cited to the extent possible. 

“Reproduction of copyrighted material for use in litigation or potential litigation is generally fair use, even if the 

material is copied in whole.” Stern v Does, 978 F.Supp.2d 1031, 1044-49 (C.D. Cal. 2011).

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INTRODUCTION

This report sets forth the opinions that I have formed regarding alleged mold and/ or 

bacteria growth in a 2014 Toyota RAV4 VIN 2T3DFREV9EW127356, as well as ambient air 

quality in the geographic areas Mrs. Beckemeyer lived and worked during 2016. My opinions 

are formed based on an inspection of the subject vehicle, historical air quality information and 

documents that were obtained in my capacity as an expert witness. Those documents are more 

particularly described later in this report. 

I may find it appropriate to revise or supplement my opinions, analysis, and conclusions 

stated herein in the future. 

My Curriculum Vitae is attached hereto as Appendix 5. I have not authored any

publications. The cases in which I have testified as an expert witness are described in my 

Curriculum Vitae. 

I am charging the following rates per hour for my work as an expert witness on this case:

$ 225 per hour for non-testifying work and travel

$ 275 per hour for deposition and court appearance

ASSIGNMENT

Determine to the extent possible, the cause and severity of alleged mold and/ or bacterial 

growth in the subject vehicle. 

Determine to the extent possible, the relative mold and/ or bacterial exposure to Mrs. 

Beckemeyer.

Determine to the extent possible, the contribution of Gelco’s action/s and/ or inaction/s 

had on mold/ bacterial growth.

Determine to the extent possible, other factors which may have caused or contributed to 

Mrs. Beckemeyer’s alleged health issues.

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OPINIONS RENDERED

OPINION #1: The actions or inactions of Gelco or their contractor Professional Automotive 

Relocation Service (PARS) did not lead to mold and/ or bacteria growth in the subject vehicle.

OPINION #2: There was not, nor has there ever been mold and/ or bacteria growth in the subject 

vehicle that would be considered out of the ordinary. 

OPINION #3: Exposure to mold and/ or bacteria while in the subject vehicle was not the direct 

and proximate cause of the Mrs. Beckemeyer's illness.

OPINION #4: Mrs. Beckemeyer was exposed to less mold and/ or bacteria while operating the 

subject vehicle then she would have otherwise been exposed to outside of the vehicle.

OPINION #5: Vehicles are designed for minor water intrusion events by nature of their intended

use.

OPINION #6: Mrs. Beckemeyer’s choice of living and working locations has exposed her to 

higher than normal airborne pollution.

OPINION #7: Mrs. Beckemeyer’s symptoms as reported by date corelate exactly with adverse 

air quality alerts in the locations she was living and traveling.

OPINION #8: Portions of Mr. Rucker’s inspection report entitled Microbe & Endotoxin & 

Carbon Monoxide Gas Test Results are fundamentally flawed and inaccurate.

OPINION #9: Portions of Dr. McMahon’s report from Whole World Health Care, PC are 

fundamentally flawed and inaccurate.

OPINION #10: Mrs. Beckemeyer’s understanding of mold growth and mold remediation as 

allegedly explained to her is fundamentally flawed and inaccurate.

Opinion #11: Mrs. Beckemeyer was exposed to higher concentrations of mold via inhalation 

outside of the vehicle than inside of the vehicle.

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BASIS FOR OPINIONS

OVERVIEW

This cause of action relates to claims that Mrs. Breckmeyer was provided a vehicle from 

her employer that had a water leak and because of water intrusion that mold and/ or bacteria 

grew and exposure to these substances caused her to become ill.

The record reflects that at some point just prior to delivery of the vehicle, the passenger 

side window of the subject vehicle was left slightly open and rainwater entered the vehicle. This 

leak was noticed by PARS who had been contracted to store and deliver the vehicle. Said leak 

was notated on the bill of lading by PARS while the vehicle was in its custody. Prior to delivery 

it was discovered that the passenger side window was slightly open, and the child window lock 

feature was engaged which prevented the window for being rolled up entirely. PARS then 

disabled the child window lock feature, rolled up the window and observed the condition of the 

vehicle following a night of rain. There was no additional water intrusion observed and the 

interior of the vehicle was dry prior to delivery to Mrs. Beckemeyer. Mrs. Beckemeyer has 

testified that she never saw any water leaks in the vehicle for the duration of the period in which 

she had possession of it.

The vehicle assigned to Mrs. Beckemeyer was a 2014 Toyota RAV 4 limited. It was 

assigned to Breckmeyer for approximately 149 days from approximately May 4th, 2016 until 

September 30th, 2016. During this period of time the vehicle was driven 4307 miles.

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Related Information

Mold

Molds are organisms that are found virtually everywhere, indoors and outdoors. They are 

part of the natural environment and play an important role by breaking down and digesting 

organic material, such as dead plants, leaves, etc. Also called fungi or mildew, molds are neither 

plants nor animals; they are part of the kingdom Fungi.

Mold spores are ubiquitous; they are found everywhere, both indoors and outdoors. Mold 

spores cannot be eliminated from indoor or outdoor environments. Mold spores will be found 

floating through the air and in settled dust; however, they will not grow if moisture and a food 

source is not present.

Mold is not usually a problem, unless mold spores land on a wet or damp organic food 

source and begin growing. As molds grow they digest whatever they are growing on. Unchecked 

mold growth can damage buildings and furnishings; molds can rot wood, damage drywall, and 

eventually cause structural damage to buildings. Mold can also cause cosmetic damage, such as 

stains, to furnishings. The potential human health effects of mold are also a concern. It is 

important, therefore, to prevent mold from growing indoors. 

Source: Introduction to Mold and Mold Remediation for Environmental and Public Health Professionals by US EPA

Conditions required for mold growth

All four of the following conditions are required for mold growth to occur:

1. Mold Spores: These are naturally occurring in the environment inside and outside of 

buildings. There is no effective means of controlling the presence of mold spores in the 

environment.

2. Food Source: Any organic matter such as wood, paper, fiber, and others are suitable for 

mold growth. 

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3. Suitable Environment: Specific environmental factors suitable to mold growth such as 

temperature and light. These requirements vary by mold type. Conditions typically found in 

human occupied environments are conducive to mold growth. 

4. Moisture: Mold requires a certain amount of moisture referred to as water activity to 

grow. Water activity refers to free water available for mold growth. For mold growth to occur, 

moisture must be freely available. Water activity above .7 is typically required for mold growth. 

Moisture can be in the form of free water or high humidity. Typically, relative humidity of 60% 

or more is required to support mold growth. Humans prefer a relative humidity below that 

required to support mold growth., optimally 40% to 50%. In typical residential and commercial 

construction, the only factor that can be reasonably controlled is moisture, making it of the 

upmost importance to preventing mold growth from occurring.

Mold growth detection methods

Visual inspection is by and large the primary way to determine if mold is present and 

growing. When all four of the conditions are met, molds will begin growing and form colonies 

that will typically appear as fluffy, velvety or hairy spots and patches of various colors. 

Smell, a damp musty odor typically is detected when mold is present and actively growing.

Sampling methods include bulk, swab, tape lift and air. These can be analyzed by 

microscopy or in some case growing viable mold from the sample.

Mold samples are used to detect small amounts of mold. Sampling is usually not required in 

most cases, if visible mold growth is present.

Source: US EPA 

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Bacteria

Bacteria like mold is ubiquitous, it is naturally occurring and found everywhere. There 

are typically 40 million bacterial cells in a gram of soil (about 1⁄4 teaspoon) and a million 

bacterial cells in a milliliter (about 20 drops) of fresh water. There are approximately 

5,000,000,000,000,000,000,000,000,000,000 bacteria on Earth, [1] forming a biomass which 

exceeds that of all plants and animals. [2] Bacteria are vital in many stages of the nutrient cycle 

by recycling nutrients such as the fixation of nitrogen from the atmosphere.

[1] Wiebe WJ (June 1998). "Prokaryotes: the unseen majority". Proceedings of the National Academy of Sciences of 

the United States of America. 95 (12): 6578–83. Bibcode:1998PNAS...95.6578W. doi:10.1073/pnas.95.12.6578. 

PMC 33863. PMID 9618454.

[2] Jump up^ C Michael Hogan. 2010. Bacteria. Encyclopedia of Earth. eds. Sidney Draggan and C.J Cleveland, 

National Council for Science and the Environment, Washington DC 

Conditions required for bacteria growth

All four of the following conditions are required for bacteria growth to occur:

1. Bacteria: These are naturally occurring in the environment inside and outside of 

buildings. There is no effective means of controlling the presence of bacteria in the environment.

2. Food Source: Bacteria break down or decompose dead organisms, animal waste, and 

plant litter to obtain nutrients. Microbes don't just consume nature's waste, they recycle it. The 

process of decomposition releases chemicals such as carbon, nitrogen, and phosphorus that can 

be used by new plants and animals. 

3. Suitable Environment: Environmental factors suitable for bacteria growth such as pH, 

oxygen availability, temperature and light. Conditions typically found in human occupied 

environments are conducive to bacteria growth. 

4. Moisture: Bacteria requires a certain amount of moisture referred to as water activity to 

grow. Water activity refers to free water available for bacteria growth. For bacteria growth to 

occur, moisture must be freely available. Water activity above .91 is typically required for 

bacterial growth. Moisture can be in the form of free water or high humidity. 

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Endotoxins

Bacterial endotoxins come from the external membrane of Bacteria, specifically gramnegative bacteria. These bacteria are characterized by their ubiquity in nature. They can be found 

in marine environments and on land, as well as, in the animals that we, as humans, use for food, 

and in the feces of animals. Therefore, Gram-negative bacteria infections are very common. One 

of the myths that exist in the population regarding these infections is that they can be avoided 

after heating food. In actuality, the danger of contaminated food precisely lies in the fact that 

although the bacteria die, the lipopolysaccharides that constitute its cellular wall are released into 

the environment where they find themselves and the bacterial endotoxins present are resistant to 

heat.

Although endotoxins are so named after their toxic properties, they also exhibit a 

spectrum of beneficial activities. They induce nonspecific resistance to different infectious 

agents and to their own toxic effects. 

Endotoxins naturally occur in the environment. A recent study finds 60% of airborne 

endotoxins are carried by pollen of a common weed found in Ohio as well as most of the U.S. 

Studies suggests that the age of houses, cleaning, farm or rural living, flooring materials (the 

presence of carpets), number of occupants, the presence of dogs or cats indoors, and relative 

humidity were the strongest determinants for endotoxin loads in settled floor dust, while the 

presence of pets (especially dogs) were the strongest contributing factors for airborne endotoxin 

concentrations. There is also evidence of exposures related to contaminated pool water.

Extremely 

common

Natural to the 

environment

Comes from the 

cells walls of dead 

gram-negative 

bacteria

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Indoor Air Quality

Indoor air quality typically refers to the quality of the air in a home, school, office, or 

other building environment. The potential impact of indoor air quality on human health 

nationally can be noteworthy for several reasons:

Americans, on average, spend approximately 90 percent of their time indoors,[1] where 

the concentrations of some pollutants are often 2 to 5 times higher than typical outdoor 

concentrations.[2]

People who are often most susceptible to the adverse effects of pollution (e.g., the very 

young, older adults, people with cardiovascular or respiratory disease) tend to spend even more 

time indoors.[3]

Indoor concentrations of some pollutants have increased in recent decades due to such 

factors as energy-efficient building construction (when it lacks sufficient mechanical ventilation 

to ensure adequate air exchange) and increased use of synthetic building materials, furnishings, 

personal care products, pesticides, and household cleaners. [3]

[1] U.S. Environmental Protection Agency. 1989. Report to Congress on indoor air quality: Volume 2. EPA/400/1-

89/001C. Washington, DC.

[2] U.S. Environmental Protection Agency. 1987. The total exposure assessment methodology (TEAM) study: 

Summary and analysis. EPA/600/6-87/002a. Washington, DC.

[3] U.S. Environmental Protection Agency. 1997. Exposure factors handbook volume 3: Activity factors. 

EPA/600/P-95/002Fa. Washington, DC.

Outdoor Air Quality

Outdoor air pollution contains numerous substances of both natural (e.g., pollen, mold 

spores, dust) and anthropogenic (human-caused) origin. There is no effective means of 

controlling natural air pollution. Anthropogenic emissions can be decreased through regulatory 

and voluntary actions, leading to air quality improvements. [4]

[4] https://www.epa.gov/report-environment/outdoor-air-quality

Exposure Limits to Mold

For health outcomes, there are no available exposure assessment methods that can 

provide useful information for individuals. This is primarily due to the fact that each person’s 

response to mold exposure is unique. There are no accepted national or international standards 

for mold investigation, evaluation or remediation.

A useful method for interpreting microbiological results is to compare the kinds and 

levels of organisms detected in different environments. Usual comparisons include indoors 

versus outdoors, or complaint areas versus non‐complaint areas. Specifically, in buildings 

without mold problems, the qualitative diversity (types) of airborne fungi indoors and outdoors 

should be similar. 

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Differences between building construction and vehicle construction

A food source for both mold and bacteria is readily available in both typical residential 

and commercial building construction. Any organic materials such as wood, paper, certain types 

of insulation, drywall, plaster and certain coatings are all food sources for mold and bacteria.

The only way to limit mold grown in a building is to limit available moisture.

Vehicles however, are designed for minor water intrusion events. For example, getting 

into or out of the vehicle in a rain storm or with snow on one’s shoes and even an accidental 

window or sunroof being left open and a rain storm occurs. Vehicles are designed and 

constructed primarily of inorganic materials, synthetic materials such as polypropylene, vinyl, 

and various plastics. A notable exception is leather in higher quality vehicles, this is an organic 

material and does support mold growth after being wet for an extended period of time. 

In the case of vehicles, two factors can be reasonably controlled and not expected to be 

present in the vehicle. These being food sources and continuous moisture.

Photo is not of the subject vehicle.

Example of vehicular mold growth. The mold is growing on the organic leather of the 

vehicle, notice the carpet is not moldy as it is not a food source for the mold. 

Source: www.icarusgolds.com/how-to-approach-vehicle-water-damage-and-mold.html

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Photo is not of the subject vehicle.

Example of vehicular mold and bacterial growth. In this case milk was spilled which 

provided both the food and moisture source required over a long period of time. 

Source: www.servprobedfordparkburbank.com/blog/post/40855/mold-removal-remediation/mold-in-a-car

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Air Quality Illness Correlations, General

Mrs. Beckemeyer has testified to being in a sensitive group when it comes to air quality 

and allergies. When tested in 1990 she “Reacted to everything.” and “Most of what I tested for I 

reacted to.” It’s hard to imagine a more problematic environment for someone with a 

predisposition to having issues with adverse air quality.

Residential Environment

Elevated exposure to both mold and bacteria is caused by having pets, having a 

swimming pool, having a heavily wooded backyard, being engaged in renovation of distressed 

properties, a.k.a. house flipping.

Work Environment

Mrs. Beckemeyer’s reported work territory of all of OH, KY, IN (Indianapolis and 

south), Pittsburg, this area included 6 of the 25 most polluted cities in the United Stated in 2016.

25 U.S. Cities Most Polluted by Year-Round Particle Pollution (Annual PM2.5)

#8 Pittsburgh–New Castle–Weirton, PA—OH—WV

#10 Louisville/Jefferson County–Elizabethtown– Madison, KY—IN

#11 Cleveland–Akron–Canton, OH

#13 Indianapolis–Carmel-Muncie, IN

#14 Cincinnati–Wilmington–Maysville, OH—KY—IN

#25 Wheeling, WV—OH

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Source: www.lung.org/assets/documents/healthy-air/state-of-the-air/sota-2016-full.pdf

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Butler County Air Quality

The Southwest Ohio Air Quality Agency handles air quality monitoring, permitting, and 

enforcement for Butler, Clermont, Clinton, Hamilton, and Warren counties. 

They state: More than 35 million people suffer from allergies in the United States. An 

allergy is an reaction to a very small amount of a specific substance, very often mold or pollen. 

People react differently to allergens, but common symptoms include runny nose, watery eyes, 

and sneezing. [1]

Tree and grass pollens are the most common Southwest Ohio allergens and can be almost 

impossible to escape. Oak, cedar, mulberry, maple, elm, poplar, box elder and grasses are the 

most prevalent sources of pollen in Southwest Ohio from late March through mid-July. 

Ragweed, the most allergenic plant of North America, blooms from August through October. 

Mold spores are also in full swing all summer and can even be found indoors year-round. [1]

[1] www.southwestohioair.org/local_air_quality/pollen_and_mold/historical_data

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Air Quality Index Butler County, Ohio 2016

Each month in which Mrs. Beckemeyer was assigned this vehicle had one or more days 

where outdoor air quality in Butler County, OH was deemed unhealthy for sensitive groups.

Source: 

http://www.southwestohioair.org/UserFiles/Servers/Server_3788196/File/EnvironmentalServices/hcdoes/Annual%2

0Report/2016AnnualReport.pdf

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Pollen & Mold Counts Butler County, Ohio 2016

The majority of the period that Mrs. Beckemeyer was assigned vehicle, ambient outdoor 

mold spore count was high. Towards the end of the period it was very high.

The majority of the month of May 2016 that Mrs. Beckemeyer was assigned vehicle, 

ambient outdoor pollen counts were high. 

Source: www.southwestohioair.org/local_air_quality/pollen_and_mold/historical_data

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Source: Daily average spore counts provided by Anna L. Kelley, Monitoring & Analysis Supervisor, Southwest 

Ohio Air Quality Agency

7

27

64

4

Ambient mold spore count by day during period plaintiff 

was assigned vehicle

Low Moderate High Very High

58

34

10

0

Ambient pollen count by day during period plaintiff was 

assigned vehicle

Low Moderate High Very High

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Air Quality Advisories Butler County, Ohio 2016

There were 11 air quality alerts in Butler County in the period that Mrs. Beckemeyer was 

assigned the vehicle. 

Source: 

www.southwestohioair.org/UserFiles/Servers/Server_3788196/File/EnvironmentalServices/hcdoes/Annual%20Repo

rt/2016AnnualReport.pdf

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State of Ohio

In 2016, Ohio ranked fourth in the nation for states with the highest level of health issues 

related to air pollution. 

Source: American Thoracic Society and Marron Institute Report

Estimated Excess Morbidity and Mortality Caused by Air Pollution above American

Thoracic Society–Recommended Standards

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Illness Air Quality Correlations, Specific

Nothing less than remarkable correlations exist between Mrs. Beckemeyers reported illness 

and outdoor air quality in locations she was in or traveling to.

June 20, 2016

Mrs. Beckemeyer claims this was the first time she drove the vehicle and reported becoming 

ill. 

!This is the 3rd day of an air quality advisory for Butler County, OH. The only multi-day 

advisory in all of 2016.

!Ambient mold spore counts in Butler County almost reach the high threshold (1500 per M3) 

with a spore count of 1,489 per M3. 

September 19, 2016

Mrs. Beckemeyer drove to Indianapolis, reports illness. 

!Ambient mold spore counts in Butler County reach the very high threshold with a spore 

count of 7,507 per M3. The highest mold spore count of 2016.

!This is also day 1 of 4 consecutive Indiana Department of Environmental Management Air 

Quality Action Days Alert.

September 20, 2016

!Ambient mold spore counts in Butler County reach the very high threshold with a spore 

count of 6,131 per M3. The 3rd highest mold spore count of 2016.

!This is day 2 of 4 consecutive Indiana Department of Environmental Management Air 

Quality Action Days Alert.

September 21, 2016

Mrs. Beckemeyer drove to Indianapolis, reports severe illness. This is day 3 of 4 consecutive 

Indiana Department of Environmental Management Air Quality Action Days Alert.

!Ambient mold spore counts in Butler County reach the high threshold with a spore count of 

2,283 per M3.

October 24, 2016

Mrs. Bekemeyer claims she drove the subject RAV4 and experienced the same 

symptoms, when in fact the vehicle was no longer in her possession at this time, it had been sold 

one month earlier at auction. It is noteworthy that she is now in a different vehicle and still 

experiencing the same symptoms, this indicates the exposure is environmental in nature not 

vehicle related.

Source: https://calendar.in.gov/site/idem/. Spore counts provided by Anna L. Kelley, Monitoring & Analysis 

Supervisor, Southwest Ohio Air Quality Agency

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Vehicle assignment

The Vehicle assigned to Mrs. Beckemeyer was a 2014 Toyota RAV 4 limited. It was 

assigned to Breckmeyer for approximately 149 days from approximately May 4th, 2016 until it 

was sold at auction on September 30th, 2016. During this period of time the vehicle was driven 

4307 miles. 

Average Speed Hours spent in 

vehicle

Total hours in 

assigned period

Percentage of 

time spent in 

vehicle

Percentage of 

time spent 

outside of 

vehicle

30 MPH 143.57 3576 4.01 % 95.99 %

45 MPH 95.71 3576 2.68 % 97.32 %

60 MPH 76.78 3576 2.15 % 97.85 %

0 500 1000 1500 2000 2500 3000 3500 4000

Hours spent in vehicle

Hours spent out of vehicle

Hours spent in vehicle Hours spent out of vehicle

60 MPH 76.78 3499.22

45 MPH 95.71 3480.29

30 MPH 143.57 3432.43

Time spent in vehicle vs. out of vehicle by 

average speed

60 MPH 45 MPH 30 MPH

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Mold Spore Exposure to Mrs. Breckmeyer

Based on detailed mold spore counts conducted in Butler county we can determine the 

types and general quantities Mrs. Breckmeyer would have been exposed to during the period she 

was assigned the vehicle.

Indoor 

Exposure 

3,314,192 to 

16,816,564

Outdoor 

Exposure 

220,946 to 

290,912

In vehicle 

Exposure 

13,222 to 

147,666

Total Mold 

Spore 

Inhalation by 

Mrs. 

Beckemeyer

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Study adjusted exposure rates to Mrs. Beckemeyer

Mold spores available for inhalation are multiplied by in vehicle use based on a 30 MPH 

average, a 45 MPH Average and a 60 MPH average. Adjustments are made based on the 

following information and research.

[1] Mold count is increased to account for 46 days tests were not conducted in the 149-day period due to weekends 

and holidays.

[2] Indoor time percentage based on 90% per U.S. Environmental Protection Agency. 1989. Report to Congress on 

indoor air quality: Volume 2. EPA/400/1-89/001C. Washington, DC.

[3] In vehicle spore count is reduced by 83.3% consistent with the findings of Vonberg et al., The microbiological 

quality of air improves when using air conditioning systems in cars BMC Infectious Diseases 2010, 10:146

[4] Inside mold concentrations increased by study low range of 2 times consistent with the findings of U.S. 

Environmental Protection Agency. 1987. The total exposure assessment methodology (TEAM) study: Summary and 

analysis. EPA/600/6-87/002a. Washington, DC.

[5] Inside mold concentrations increased by study high range of 5 times consistent with the findings of U.S. 

Environmental Protection Agency. 1987. The total exposure assessment methodology (TEAM) study: Summary and 

analysis. EPA/600/6-87/002a. Washington, DC

Outside In Vehicle Inside [2]

Outside 

spore 

inhalation

In vehicle 

spore 

inhalation

Inside 

spore 

Inhalation

Total Spore 

Inhalation

Out of 

vehicle 

exposure 

multiple

 3,682,435 [1] 100% 3,682,435 [1] 

30 MPH 

Average 6.00% 4.01% 90.00% 220,946 147,666 3,314,192 3,682,803 24.94

45 MPH 

Average 7.30% 2.68% 90.00% 268,818 98,689 3,314,192 3,681,699 37.31

60 MPH 

Average 7.90% 2.15% 90.00% 290,912 79,172 3,314,192 3,684,276 46.53

Reduced 

per study 

[3]

Increased 

per study, 

Low range 

[4]

30 MPH 

Average 6.00% 4.01% 90.00% 220,946 24,660 6,628,383 6,873,989 278.75

45 MPH 

Average 7.30% 2.68% 90.00% 268,818 16,481 6,628,383 6,913,682 419.49

60 MPH 

Average 7.90% 2.15% 90.00% 290,912 13,222 6,628,383 6,932,517 524.33

Reduced 

per study 

[3]

Increased 

per study, 

High 

range[5]

30 MPH 

Average 6.00% 4.01% 90.00% 220,946 24,660 16,570,958 16,816,564 681.93

45 MPH 

Average 7.30% 2.68% 90.00% 268,818 16,481 16,570,958 16,856,256 1022.76

60 MPH 

Average 7.90% 2.15% 90.00% 290,912 13,222 16,570,958 16,875,092 1276.31

Vehicle Speed Vehicle Speed Vehicle Speed

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Method of calculation: The data is the actual ambient mold exposure via inhalation to a 40.1 to <70.1-year-old

female of normal weight with a daily inhalation rate of 11.93 M3 in Butler County, OH from May 4, 2016 to 

September 30, 2016. No adjustments have been made for indoor increases or in vehicle decreases. Data is based on 

daily average spore counts provided by Anna L. Kelley, Monitoring & Analysis Supervisor, Southwest Ohio Air 

Quality Agency. Inhalation rate taken from table 6.6 of Exposure Factors Handbook September 2011

2589

3305

7850

8983

9365

12801

13743

14996

16714

21581

24874

26592

29789

44606

52265

58314

68287

75195

122318

136026

377513

526364

891935

0 100000 200000 300000 400000 500000 600000 700000 800000 900000 1000000

Ustilago

Stemphylium

Drechslera

Rust Urediniospores

Torulas

Aspergillus

Fusariaum

Massarina

Mildew

Pithomyces

Epicoccum

Myxomycete

Perconia

Pseudocercospora

Agrocybe

Alternaria

Leptosphaeria

Diatrypaceae

Unknown

Coprinus

Basidiospores Unkn.

Ascospores unkn.

Cladosporium

Total mold spores by type inhaled by Mrs. Beckemeyer

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Actions of Gelco Corporation

A review of information indicates Gelco acted in good faith and was available and 

responsive to Mrs. Beckemeyer’s requests.

The following are a summary of actions taken in relation to the vehicle by date.

March 11, 2016

Vehicle serviced at Tansky Sawmill Toyota Dealership, they replaced the GPS/ radio

unit, performed a multi-point vehicle inspection and check the drivers side floor mats for 

interference.

April 29, 2016

Vehicle assigned to Mrs. Beckemeyer.

Unknown dates between April 29, 2016 and May 4, 2016

PARS notice the water leak and notates this on the bill of lading. Vehicle is inspected, 

and the leak is determined to have been caused by the passenger side window being slightly 

open. Window is closed, and a subsequent inspection is conducted after being out overnight in 

the rain, and it is determined the leak has been resolved and the vehicle is dry. 

May 4, 2016

Mrs. Beckemeyer is notified of vehicle delivery, she indicates vehicle model is beneath 

her privilege. States she is Management and would like a Toyota Highlander. Gelco contacts 

Mrs. Beckemeyer’s employer and they indicate they have already discussed this with her and 

confirm this is the correct vehicle model for her position. Gelco emails her the result of their 

inquiry. The vehicle picked up from PARS Storage Columbus, OH. The bill of lading document 

states vehicle leaks water by passenger sun visor.

May 6, 2016

Vehicle is delivered to Mrs. Beckemeyer and she reads there was a water leak on 

paperwork. The bill of lading the leak notation had been given to the driver and he was 

disinclined to line out the notation as they were not aware that this condition had been remedied. 

Mrs. Beckemeyer inquires why vehicle was sent with a leak, Gelco at the time was unaware of 

PARs actions relating to the leak. Additionally, she indicates the brakes are making noise and it 

takes a long tome to stop. She requests a rental vehicle. Repairs and rental vehicle approved.

May 9, 2016

Mrs. Breckmeyer calls back to again discuss the leak notation on the bill of lading. 

Repair work is scheduled for May 11, 2016 at a dealership and a rental vehicle is coordinated.

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May 11, 2016

Mrs. Beckemeyer fails to bring in the vehicle for the scheduled service or pick up the 

authorized rental vehicle.

Mrs. Beckemeyer has failed to meet her obligation to mitigate at this point.

May 17, 2016

Mrs. Beckemeyer calls in and would like to reschedule the missed appointment and rental 

for this day. Gelco tries but is unable to obtain a rental from either Enterprise or Hertz on short 

notice and calls back to advise Mrs. Breckmeyer. Additional actions to be taken by either party 

are not specified.

June 23, 2016

Mrs. Beckemeyer calls in and would again like to reschedule the missed appointment and 

rental for this day. Gelco tries but is unable to obtain a rental from Enterprise and calls back to 

advise Mrs. Breckmeyer. Gelco indicates the will keep trying to obtain a rental and Mrs. 

Breckmeyer indicates she will call back later that day. Mrs. Beckemeyer instead takes the vehicle 

to the Performance Toyota Dealership and arrives without an appointment. It is unclear whether 

a rental was provided.

Mrs. Beckemeyer resumes her obligation to mitigate at this point.

Mrs. Beckemeyer reports the leak, the brakes and noises coming from the vehicle in the 

hood area and back of the vehicle. There are discussions between Gelco and the dealership and 

Gelco authorizes the repairs.

The dealership replaces the rear brake pads, machines the rear rotors, performs an oil 

change, washes the car, checks the driver’s side floor mats for interference, performs a 

comprehensive vehicle inspection, replace engine air filter, flush brake system, and cleaned the 

throttle body. Conditions of complaints from noise conditions could not be duplicated and no 

work was done.

Claim related services performed were flush the evaporator and clean the HVAC 

ductwork.

Gelco also authorized a complete detail of the vehicle through Toyota but this as 

performed by an offsite vendor.

*The Gelco record indicates “washer line that runs thru roof has been chewed, replace, 

washer valve and 2 rubber tube mouse damage”, however this does not appear to have been done 

according to the dealership service records. This note probably relates to a discussion on what 

could potentially be causing the roof leak. This assumption is based in on the vehicle inspection, 

no mouse or water damage was observed. (See inspection details.) The Toyota Dealership 

services records. (See service records.) Mrs. Beckemeyer’s testimony that she never observed 

any leaks for the entire duration of vehicle use.

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July 9, 2016

Mrs. Breckmeyer picks up vehicle from the Toyota dealership

July 28, 2016

Mrs. Beckemeyer calls and claims mold is coming back. Requests vehicle detail. Vehicle 

detail approved but Mrs. Beckemeyer did not take the vehicle to have the service performed.

Mrs. Beckemeyer has failed to meet her obligation to mitigate at this point.

August 17, 2016

Mrs. Beckemeyer calls claiming the vehicle is hopping over bumps, unsafe to drive. 

Replacement of all 4 tires is authorized but Mrs. Beckemeyer did not take the vehicle to have the 

service performed.

September 23, 2016

Mrs. Beckemeyer calls claiming mold is again in the A/C system and requests a rental. Rental

vehicle is provided.

September 30, 2016

Vehicle sold at auction $18,500, $95 of reconditioning. Good condition.

December 5, 2016

Mrs. Beckemeyer requests PARS phone number. Number is provided. 

December 6, 2016

Mrs. Beckemeyer calls PARS claiming she needs Bill of Lading for Tax Purposes. Pars provides 

a copy of the bill of lading.

January 20, 2017

Last day of rental vehicle use.

Gelco approved each and every request for service Mrs. Beckemeyer made for the entire 

duration she had the vehicle. She frequently chose not to have the approved services performed. 

The one and only request Gelco denied was to upgrade the vehicle provided to a Toyota 

Highlander, however this denial was done at the direction and consistent with the policy of her 

employer.

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Mr. Rucker’s Report

Mold

To the extent I observed Mr. Rucker’s mold inspection and sampling procedures, they 

were conducted professionally and with reasonable care. His report accurately describes the 

condition relating to mold in the vehicle and is in accordance with generally accepted published 

guidelines.

Mr. Rucker found similar types and concentrations of common mold spores from the 

sampling that he separately conducted. These types and concentrations are of those that would 

naturally occur in the ambient environment. Our respective findings are mold was not at elevated

levels in the RAV4. See appendix 6 for more information on these mold types.

Similar Findings Unique to Unique to

Mr. Porter's Report Mr. Rucker's Report Mr. Porter's Report

Mr. Rucker's Report

Mold Mold Mold

Alternaria Acremonium Aspergillus

Alternaria Aureobasidium Tetraploa

Ascospore Chaetomium

Ascospores Epicoccum

Basidiomycetes Hyphal fragments

Basidiospore Pithomyces

Basidiospores Rhodotorula

Cladosporium Bacteria

Cladosporium Endotoxin

Penicillium Other

Penicillium Background debris

Myxomycetes Pollen

Smuts, Periconia, Myxomycetes Skin cells

Smuts/Myxomycetes

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Endotoxins

Mr. Rucker’s report indicates that 2 of the 4 samples he took have elevated endotoxin 

levels and that there was an “endotoxin reservoir” underneath the passenger seat of the subject 

vehicle. I can neither confirm nor deny this as I did not conduct endotoxin testing. There are 

however logical conclusions that can be made.

Endotoxin exposure limits

There are no exposure limits for endotoxins. The study relied upon by Mr. Rucker is

simply geometric mean of sampling data from several reports. 

Using the same methodology of the study, the geometric mean (GM) of the sampling in 

the RAV4, the threshold Mr. Rucker used was not met. Results were18,900 EU M2, 204,400 EU 

M2, 81,600 EU M2, 285,700 EU M2respectively. The GM is 97,417 EU M2.(GM, Geometric 

mean is a measure of central tendency.) This is perhaps best shown visually in the graph that 

follows.

Source: Adhikari, A., Kettlesona, E.M., Vesper, S., Kumar, S., Popham, D.L., Schaffer, C., Indugula, R., Chatterjee, 

K., Allama, K.K., Grinshpun, S.A., Reponen, T., 2014. Dustborne and airborne Gram-positive and Gram-negative 

bacteria in high versus low ERMI homes. (All data in red and green was added.)

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Mr. Rucker’s sample results shown in green over the data used to calculate the 107,000 

EU M2 high level. The highest study result was approximately 2,000,000 EU M2or 7 times the 

highest vehicle result. The lowest study result was approximately 5,000 EU M2or 4 times the 

lowest vehicle result.

Data show 42% of the study sample results were higher than the highest result in the 

vehicle and 10% of the study samples were lower than the lowest vehicle result.

The GM of vehicle results were 9% lower than the GM of study results. The vehicle 

results and the study results are essentially the same.

Laboratory sampling results 

The sampling protocol, as established by the laboratory Mr. Rucker used for endotoxin 

analysis, was not met. Results indicate the “Measurable dust was less than minimum required, 

entire filter used.”

EMLab P&K’s applicable protocol requires “A sufficient amount of dust is required for 

analysis, preferably 0.1 g or more.”

Source: www.emlab.com/resources/sampling-guides/bacteria-endotoxin-sampling/ (emphasis added)

Essentially, the vehicle was so clean that even after even after vacuuming a 10 cm x 10 

cm (approximately 4 inch by 4inch) square for five minutes, Not even 0.1 grams dust was not 

obtained in any of the 4 samples and the laboratory had to resort to reading the filter media 

instead of the dust, which is inconsistent with their test protocol. This also caused dust 

measurements to not be reported and instead under measurement it states “1 Sample”.

Mold and Bacteria in automobiles

Multiple studies have determined that it would not be unusual to find allergens of 

microbial and nonmicrobial origin inside virtually every family car considering its normal use 

patterns. These studies are described more fully under the research section below.

The results in the RAV4 are surprisingly low considering a study found overall bacteria 

numbers ranged from <10 to 800,000 CFU/ per square inch. Mr. Rucker’s results are based on a 

square meter, which is 1550 square inches. To simplify, the study found 15,500 to 1.24 Billion 

bacteria colony forming units per M2. The radio knob had the least amount of bacteria and food 

spills sampled had the highest number of bacteria. This suggests that bacteria grow in food spills 

in the car. 

Source: Germs in Your Car Driving You Crazy? By Charles P. Gerba, Ph.D. and Sheri L. Maxwell B.S.

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Photo of evidence of spilled food and beverages as well as particles of dust. The beverage drip 

on the top of the photo is directly below the cup holder and in close proximity to the endotoxin 

sampling location. This spill would normally be hidden when the seat is installed in the vehicle.

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Vehicle Detailing

Assuming that this endotoxin reservoir did exist as the time of inspection and sampling, it 

is very unlikely that this particular contamination existed at the time the Mrs. Beckemeyer was 

using the vehicle. The inspection and testing was conducted over 21 months after vehicle use 

was discontinued by the Mrs. Beckemeyer. The record indicates the vehicle was detailed 

(thoroughly cleaned) on at least 3 occasions, July 9, 2016, prior to sale at auction on September 

30, 2016 and in preparation for sale by Bob Rohrman Subaru. 

Photo of card from detail shop found in the vehicle.

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Water leak

The water leak as described on the PAR bill of lading was “leaks water by passenger sun 

visor!!”. PARS later discovered that the passenger side window was slightly open, and the child 

window lock feature was engaged which prevented the window for being rolled up entirely. 

PARS then disabled the child window lock feature, rolled up the window and observed the 

condition of the vehicle following a night of rain. There was no water intrusion observed and the 

interior of the vehicle was dry prior to delivery to Mrs. Beckemeyer. She has testified that she 

never saw any water leaks in the vehicle for the duration of the period in which she had 

possession of it. The following photos show where the water came in and where it would have 

ended up on the floor mat.

Visual depiction of leak location and where water drops would have landed in the vehicle in 

blue. Location of endotoxin sampling location in red.

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Based on the volume of space in the floor pan, an amount in excess of 10 gallons of water 

would need to enter before it could spill over the pan and reach the endotoxin sampling location.

Visual depiction of leak location and where water drops would have landed in the vehicle in 

blue. Location of endotoxin sampling location in red. The beverage spill seen in earlier photo is 

indicated in green. (Bright white spot is a high intensity flashlight beam used in the inspection.)

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Endotoxin exposure hypothesis

Mr. Rucker has speculated that an unnamed driver may have been exposed to endotoxins 

in the manner described below:

ROUTE OF DRIVER EXPOSURE TO ENDOTOXIN DUST

1. Endotoxin located beneath passenger seat

2. Left rear supply vent located beneath passenger seat

3. Air Flow over carpet endotoxin reservoir creates airborne dust

4. Endotoxin dust moves freely in the cabin circulating into the occupant breathing zone

5. Endotoxin dust is filtered and recirculated within the cabin

There are several fundamental problems with this hypothesis. Endotoxins are not readily 

disbursed by air on their own. They require some sort of vector, a ride on something, for example 

dust or pollen to become airborne. I do not know what the substance actually is, but let’s assume 

for argument’s sake that the white substance seen in an earlier photo is located below the cup 

holder and above the endotoxin testing locations is coffee with extra cream, or a vanilla 

milkshake or milk, any liquid that may dry that color would be fine for use in this example. This 

spill would provide both the food source and moisture required for bacteria growth. This growth 

could and would occur very rapidly, until the amplification was limited by the food source or the 

moisture source and the bacteria die. The resulting sticky endotoxin laden substance is not going 

to blow around the vehicle. Anyone who has ever spilled something like this knows a damp 

towel and maybe even some automotive carpet shampoo may be needed to remove the residual 

material from the carpet. Also, an airborne substance behaving as suggested by Mr. Rucker, that 

could somehow escaped being captured in the micron filter that it would be going through 

multiple times per minute, would not land back in the same place it originated from, it would 

settle more evenly over the horizontal surfaces of the vehicle. The 4 endotoxin samples would be 

expected to be much closer in sampled value.

Since this matter relates to Mrs. Breckmeyer, I will assume Mr. Rucker is speculating 

that she was the driver so exposed to the endotoxin dust. This presents an additional problem. 

The vent identified in the diagram as providing the airflow that caused the endotoxin dust is not 

operational during vehicle cooling. This is a heat supply vent, heat is supplied low in the vehicle 

since it naturally rises. Cooling is supplied in the higher vents as cold air sinks.

This vehicle is non-typical in how it supplies cold air the rear seat occupants, this is 

accomplished by using a non-directional vent high in the upper center of the dash. The cold air is 

directed in a stream between the two front seats to the rear seats. This mode of operation was 

confirmed on a 2014 RAV4 at a local dealership. The diagram supplied by Mr. Rucker is not the 

correct diagram for the subject vehicle. The correct diagram is below.

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Rear seat cold air supply duct is depicted by the centermost arrow.

Source: 2014 Toyota RAV4 Owner’s Manual Page 309

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Source: 2014 Toyota RAV4 Owner’s Manual Page 312

Note 3 describes operation of vent for the rear seat occupants and to reiterate, it is located 

in the front center of the dash above the GPS/ Radio screen.

Since, Mrs. Breckmeyer had use of the vehicle from May 4th, 2016 to September 30th, 

2016 the use of the air conditioner would render Mr. Rucker’s proposed method of exposure 

impossible.

One final point that is probably now irrelevant, but I would be remiss not to make it 

known. A video I was taking as part of my inspection inadvertently captured Mr. Rucker 

vacuuming the pattern template while sampling the passenger side under seat location. It appears 

entirely unintentional. But since the template appears to have been previously used and was

possibly a source of endotoxin contamination unrelated to the vehicle.

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Whole World Health Care, PC Report

My review of Dr. McMahon’s report is done generally, with a focus on how it relates to 

Mrs. Beckemeyer’s alleged exposure to mold and endotoxins.

Background Information

Chronic Inflammatory Response Syndrome (CIRS)

Prior to this assignment I had never heard of CIRS, this is strange because components of 

licensing renewal courses frequently have a portion of the training devoted to air quality related 

diseases. The purpose is to make those engaged in remediation activates aware of the state of 

medical science related to the hazards they work with. For example, we are trained on 

histoplasmosis, an infection caused by a fungus found in the droppings of birds and bats in 

humid areas. It is not serious if confined to the lungs but can be deadly if spread throughout the 

body. This is a CDC recognized disease, primarily affecting those engaged occupationally in 

settings that would expose them to large amounts of the fungus responsible for causation.

What is it CIRS? 

Dr. McMahon’s report states “CIRS is a chronic, progressive, debilitating disease.” His 

website states “CIRS is a multi-system illness caused by innate immune system dysregulation.” 

And “Most patients have many seemingly unrelated health problems in various parts of the body. 

Patients with CIRS can have problems in virtually any part of the body.” M https:/

Source: https://www.wholeworldhealthcare.com/faq-1ost p

There is no medical board certification that recognizes CIRS treatment as a medical 

specialty. According to Dr. McMahon, “The closest to such an achievement is passing Dr. 

Shoemaker’s CIRS Certification Program. Dr. McMahon is the first physician in the world to 

complete this rigorous testing.”

Source: www.wholeworldhealthcare.com/about-dr-mcmahonve many seemingly unrelated health 

Dr. Shoemaker, the “disease” founder defines CIRS as "An acute and chronic, systemic 

inflammatory response syndrome acquired following exposure to the interior environment of a 

water-damaged building with resident toxigenic organisms, including, but not limited to fungi, 

bacteria, actinomycetes and mycobacteria as well as inflammagens such as endotoxins, beta 

glucans, hemolysins, proteinases, mannans and possibly spirocyclic drimanes; as well as volatile 

organic compounds (VOCs). We certainly need to consider any possible components of 

influence from a water damage building. Mold is a big one!”

Source: https://livinglovecommunity.com/mold-2/

Other practitioners are calling it “a combination of illnesses or symptoms”.

Sources: www.serenityhealthcarecenter.com/chronic-inflammatory-response-syndrome/

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And others find it fraudulent: “Ritchie Shoemaker is known for inventing a diagnosis 

called Chronic Inflammatory Response Syndrome (CIRS). Shoemaker believes that CIRS is 

caused by “biotoxins,” which are often produced by mold. CIRS is not recognized by any 

mainstream medical organization. The symptoms blamed on “mold illness” typically have 

nothing to do with mold. Unnecessary mold phobia is causing people to be afraid to enter houses 

and buildings. According to Dr. Farah Khan, who wrote about beliefs in unsubstantiated mold 

diagnoses, “The scientific evidence to back up CIRS is severely lacking, and if you search for 

more details on specific clinical descriptors, you will end up empty-handed.”

https://lymescience.org/ritchie-shoemaker/

Exposure to molds can cause human disease through several well-defined mechanisms. In 

addition, many new mold-related illnesses have been hypothesized in recent years that remain 

largely or completely unproved. 

Source: J Allergy Clin Immunol 2006;117:326-33.

Regulatory Charges

There are regulatory and licensing charges against Dr. Shoemaker, which include:

FDA charges

In 2004, the Food and Drug Administration (FDA) charged Ritchie Shoemaker, MD with 

seven violations and ordered him to stop injecting patients with a veterinary drug not licensed for 

human use.

FDA accused Shoemaker of administering and instructing 78 patients to self-administer 

the veterinary drug Staphage Lysate, which was not approved for human use. FDA also found:

Shoemaker did not have a written protocol during the time of the study

Shoemaker did not get the written informed consent from seven subjects

Shoemaker failed to obtain IRB approval of the study, and

Shoemaker failed to maintain records.

Medical board charges

On March 3, 2013, Maryland Board of Physicians found that Shoemaker “failed to meet 

the standard of care.” Shoemaker opted to stop practicing medicine. Accordingly, the Board 

ordered that, “should the physician resume the practice of medicine, the physician will be placed 

on Probation for a minimum of two years with terms and conditions.”

https://lymescience.org/ritchie-shoemaker/

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There is some advice given that is contrary to sound medical practice. For example, one 

website has the heading” Waiting For A Diagnosis Might Not Be The Answer” and recommends

commencing with treatment of CIRS before a diagnosis has been rendered.

Source: www.drelenaklimenko.com/chronic-inflammatory-response-syndrome/

Additionally, part of the CIRS “detoxification” process prescribes Cholestyramine (CSM) 

which is an FDA-approved medication used to lower elevated levels of cholesterol “Off-label”. 

This means that the drug is prescribed for an indication that has not been approved by the FDA.

This is not illegal but does require signed consent from the patient.

Source: Ten Common Questions (and Their Answers) About Off-label Drug Use Christopher M. Wittich,a,⁎

Christopher M. Burkle,b and William L. Lanierb

In conclusion CIRS is widely recognized by practitioners that stand to gain financially 

from the “disease” and not so much by conventional practitioners that recognize it as alternative 

medicine at best or a pseudoscience at worst.

One very suspect aspect of the “disease” is ambient outdoor mold is not at all considered 

as a possible cause of symptoms. Only indoor mold from a water damaged building can be 

causative.

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Governmental Agencies with findings contrary to Dr. McMahon’s Position 

Dr. McMahon’s report presents a defense of his/ Dr. Shoemaker’s theories and he claims 

to be “super specialized”, he feels that the general medical community does not recognize his 

diagnosis because they are not part of the “relevant scientific and medical communities” and 

about those who fall into this category, he states: “The opinions of all others are irrelevant.”

Multiple Agencies don’t meet Dr. McMahon’s definition of the “relevant scientific and 

medical communities” and their opinions would fall into his “irrelevant” category: These 

include:

Government Accountability Office

GAO concluded that certain adverse health effects are more clearly associated with 

exposure to indoor mold than others.

United States Environmental Protection Agency

United States Environmental Protection Agency cites the lack of federal regulation of 

airborne concentrations of mold indoors is largely due to the insufficiency of data needed to 

establish a scientifically defensible health-based standard.

Institute of Medicine

Institute of Medicine has determined the highest level of connection between indoor mold 

and adverse health effects can be sufficient evidence of a causal relationship.

The Institute of Medicine’s 2004 comprehensive report concluded that certain adverse 

health effects are more clearly associated with exposure to indoor mold than others. These are

certain respiratory effects, such as nasal congestion and the exacerbation of pre-existing asthma, 

are associated with exposure to indoor mold.

The available evidence was not sufficient to determine whether associations exist 

between mold and a variety of other health effects, such as the development of asthma, 

rheumatologic and other immune diseases, cancer, acute pulmonary hemorrhage in infants, and 

reproductive effects. 

Institute of Medicine was unable to associate a number of adverse health effects with 

exposure to mold because the available studies were of “insufficient quality, consistency, or 

statistical power to permit a conclusion regarding the presence of an association.”

Institute of Medicine determined conclusively associating exposure to mold with certain 

health effects is challenging, because available studies have been of insufficient quality, 

consistency, or rigor. Two key research issues contribute to this difficulty: (1) the lack of 

standardized, quantitative methods of measuring exposure to mold and (2) the difficulty in 

determining which of several disease-causing agents in damp indoor environments may be 

responsible for the adverse health effects. 

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The 2004 Institute of Medicine report concluded that there is a need for research to 

determine the health effects of long-term exposure to the toxins that some molds can produce.

Source: GAO-08-980 Indoor Mold Report

Centers for Disease Control

CDC recognizes the following fungal diseases:

Aspergillosis, Candidiasis, Coccidioidomycosis (valley fever), C. gattii infection, Fungal nail 

infections, Mucormycosis, Pneumocystis pneumonia (pcp), Sporotrichosis, Blastomycosis, 

Candida auris, C. neoformans infection, Fungal eye infections, Histoplasmosis, Mycetoma, 

Ringworm and Talaromycosis

Source: www.cdc.gov/fungal/diseases/index.html

No information on CIRS could be found on any of the above governmental agency 

websites.

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Medical History Inconsistencies

Allergies

Medical records indicate Mrs. Beckemeyer has allergies including allergies to mold 

generally and Epicoccum and Farsium specifically. Dr. McMahon indicates that the detection 

identified in Mr. Rucker’s report of 2 spores of Epococum in the driver’s side carpet 21 months 

after Mrs. Beckemeyer turned in the vehicle is significant because she has displayed an allergy to 

that type of mold. His report fails to consider the statistical fact that Mrs. Beckemeyer inhaled 

24,847 spores of Epococum and 13,743spore of Farsium. from the ambient air in the period she 

was assigned the RAV4.

Meniere’s Disease

Dr. McMahon incorrectly indicates Mrs. Beckemeyer’s Meniere’s disease was resolved 

via surgery in 1997, Mrs. Beckemeyer has testified the surgery was not successful and she 

continued to have the same symptoms as prior to the surgery. However, at some point she claims

to have completely resolved these symptoms by maintaining a low sodium diet for one week. 

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Water damage building (vehicle) determination requirements

Dr. McMahon indicates the first criterion to demonstrate in a CIRS determination is 

exposure to mold or a water damaged building. He claims GAO provides guidance on this, it 

does not, however they do discuss the consistency of government agency guidance on mold 

testing.

Visible mold

Neither Mr. Rucker nor I found any visible mold in the vehicle. I don’t believe Dr. 

McMahon is indicating there was visible mold.

Musty odor

Dr. McMahon indicates Mrs. Beckemeyer noticed a musty smell with the very first 

exposure which they incorrectly claim was June 20, 2016. When asked in deposition about the 

smell “Musty-type smell?” she responded, “It just was a smell.” It would not be unusual for a 

vehicle that had been in storage for a short period of time to have a smell. In fact, this is so 

common even in operational vehicles, that Toyota references it in the vehicle manual and it 

explains what should be done to resolve it.

Source: 2014 Toyota RAV4 Owner’s Manual Page 315

Commercial testing

This testing was conducted and entirely mis-interpret by Dr. McMahon as discussed 

elsewhere in this report.

Instead of 2 of the 3 alleged mold determination requirements being met for Water 

Damage Building/ Vehicle status it was 0 for 3. The RAV4 is not a water damaged building or 

vehicle.

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Vehicle vs. Building

Dr. McMahon was correct in assuming one might argue a car is not a building, because it 

clearly is not. Yes, it is a space, with ventilation and respirable air. I disagree that Mrs. 

Beckemeyer was “confined” to the vehicle. Mrs. Beckemeyer frequently requested that services 

be authorized on the vehicle but often chose not to bring the vehicle in for the authorized repair. 

In concluding that a vehicle is like a building Dr. McMahon incorrectly claims the air

space in a 2014 RAV4 is 73.4 ft3 with seats down. This is the cargo volume, including the space 

for the occupants the vehicle air volume is more in the 150 ft3 range. However, a very important 

principle is brought up. Dr. McMahon would like one to believe since this small space is 

exposing the occupant to a higher relative concentration of mold or bacteria when studies have 

showed the exact opposite is true.

Using the same example, he presents, we can determine a 2000 square foot with 8 foot 

ceilings has an air volume of 16,000 ft

3

. If this home were located in West Chester, OH, based on 

climate data, it would require approximately 36,000 BTU to heat and cool. That size HVAC 

system would require a 1200 cubic feet per minute blower. During operation the air in the home 

would be filtered once every 13.3 minutes or roughly 4 times per hour.

A Toyota RAV has a 19,200 BTU/ HR cooling capacity and a 600 cubic feet per minute

blower. Cars need massive cooling capacity in order to quickly bring down the interior 

temperatures on hot days (easily 130-150 degrees F) to comfortable levels (70-75 degrees F) in a 

few minutes. Houses, on the other hand, only need to handle temperature variations of about 15 

degrees. So, the air in the vehicle cabin is being filtered 4 times per minute vs. 4 times per hour

in the home. This is the science behind the study that finds total number or microorganisms 

decreased (mean reduction: 81.7%), the number of mold spores decreased (mean reduction: 

83.3%), and the number of airborne particles decreased (mean reduction: 87.8%) within few 

minutes after starting a vehicle AC system. 

Source: Vonberg et al., The microbiological quality of air improves when using air conditioning systems in 

cars BMC Infectious Diseases 2010, 10:14

Additionally, this particular vehicle had an additional design feature to further protect 

Mrs. Breckmeyer from the naturally occurring poor air quality in the location she chose to live 

and work.

The 2014 RAV4 Limited is equipped with a micro dust and pollen filter mode. When 

engaged it limits the intake of outside air and rapidly decontaminates the air inside the vehicle 

cabin

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Source: 2014 Toyota RAV4 Owner’s Manual Page 311

In order to accomplish the same degree of air filtration occurring in the RAV4, the 

example 2000 sf house would need 64,000 cubic feet per minute of air flow or the equivalent of 

adding an additional 52 HVAC units added to the home. 

While a vehicle and a building share a few common elements, they are very different 

environments when it comes to the air quality within them.

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Dr. McMahon’s review of Mr. Rucker’s Environmental Report

Mold

Dr. McMahon claims to be a “master of vast knowledge”, which includes among other 

things “building science and mold testing methods and interpretation”. However, his report is 

fundamentally flawed in the most basic principles relating to this claimed expertise. He seems to 

lack even the most basic understating of the fundamental principles of environmental testing. His 

interpretation of Mr. Rucker’s report is entirely inconsistent with the findings presented in that 

report.

In what is one of the most absurd conclusions I have ever seen from a “expert”, He 

incorrectly interprets the notation “Control Blk” to mean samples were taken on the engine block

of the vehicle and that these samples have somehow become a scientific control against which he 

can determine that other results are amplified. In reality, a control blank or field blank is a way to 

ensure the sampling media was not contaminated prior to use, this is a very basic principle.

He then indicates a swab sample was taken on the carpet and was positive for a type of 

mold, a swab would not be used on the carpet and in fact were not used on the carpet in the 

testing. 

He then claims that the AC condenser swab sampling found Aureobasidium which is 

“often found in HVACs with condensation problems”. In reality, condensers never have 

condensation problems, this is the heat transfer component located outside of the vehicle.

Photo of the vehicle condenser. Located in the front exterior of the vehicle behind the grill.

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Automotive AC system

Next, he incorrectly identifies spore traps and being used to sample the center console 

duct and under the passenger seat. These samples were tape lifts and not spore traps.

Dr. McMahon seems very comfortable in forming opinions based on information from a 

report he clearly does not understand. His interpretation of the report is not at all in accordance 

with the information presented in Mr. Rucker’s findings. 

Dr. McMahon correctly indicates that without water that mold cannot grow, however he 

fails to understand that Mrs. Breckmeyer has testified that she has never seen water in this 

vehicle for the entire period she was in possession of it, her sole reason for believing there was 

water damage comes for the note on the bill of lading.

Dr. McMahon incorrectly concludes that since Chaetomium (4 spores) found in the 

baseline air sample confirms significant water damage. He states “Chaetomium confirms there 

was significant water (saturation or near saturation) for a lengthy period of time (weeks to 

months). Chaetomium is a mold normally found in soil, air, cellulose and plant debris. There are 

about 95 species in the widespread genus.

Source: Dictionary of the Fungi (10th ed.). Wallingford, UK: CABI. p. 131

In Mr. Rucker’s report, there were no findings of amplified mold, mold growth, elevated 

spore counts or condensation problems. In fact, every mold sample was significantly below the 

Low Range of Mold Interpretation Guidance, Chubb owned subsidiary ESIS Risk Management 

Services Group (2009). The only exception was the cabin air filter, which when coupled with 

no mold being found in either of the two supply ducts tested as well as the AC duct downstream 

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of the filter as tested by Mr. Rucker, it is proof positive that the micron filter is performing its 

intended function and capturing ambient mold spores and preventing them from reaching the 

breathing zone of the vehicle occupants.

Endotoxins

The findings of Mr. Rucker’s report in this regard were “Results. Ecostratum interprets 

endotoxin results collected from beneath the passenger side seat carpet to be elevated. Our 

judgement was aided by published guidelines and experience.”

He concludes that the presence of these endotoxins is proof that the vehicle has been 

water damaged. Endotoxin levels do not confirm bacterial growth and water damage, studies 

indicate the clear majority of airborne outdoor endotoxin is carried by weed pollen and that the 

highest bacteria counts in vehicles are related to food spills.

He relies on the faulty theory of endotoxin exposure as presented by Mr. Rucker, had he 

taken the time to research the issue he would have come up with a different conclusion.

Vehicle Remediation

Dr. McMahon incorrectly states that the vehicle was “remediated”, service records do not 

support this conclusion.

Vehicle usage post Mrs. Breckmeyer

Dr. McMahon correctly determines testing was done more than a year after Mrs. 

Beckemeyer ceased driving the vehicle, specifically, it was 21 months. He then incorrectly 

presumes that the RAV4 had not been driven in that period prior to our respective inspections. 

And that would be the reason Mr. Rucker and I would not find any water in the vehicle when 

conducting our respective inspections. Again, he seems to fail to realize that Mrs. Beckemeyer 

never observed any water in the vehicle the entire period she operated it. This truth is the vehicle 

was driven approximately 24,500 miles in this 21-month time period without incident or 

complaint.

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Hurricane Sandy

Dr. McMahon’s report references Dr. Cleveland’s diagnoses. Findings indicate Mrs. 

Breckmeyer had “cognitive deficits, dizziness, vertigo with the company car that was in NJ 

during Hurricane Sandy. Mrs. Breckmeyer had claimed that the subject RAV4 was submerged 

from October 22, 2012 to November 2, 2012. However, since that was several years before the

RAV4 was built, that is not possible.

Since Mrs. Breckmeyer was apparently in New Jersey in that time period and developed

the symptoms she reported to Dr. Cleveland it is confusing as why Dr. McMahon would not 

focus on that as the source of her illness. She would certainly have been in and around water 

damaged buildings and vehicles, including the vehicle she reported to Dr. Cleveland. Below is an 

example of the conditions vehicle and buildings were in following Hurricane Sandy. 

Not a photo of the subject Vehicle. New Jersey after Hurricane Sandy

Source: https://bucks.blogs.nytimes.com/2012/11/28/how-to-spot-a-water-damaged-car/

Vehicle usage

Dr. McMahon incorrectly indicates Mrs. Breckmeyer received the vehicle in June 2016. 

He claims her initial drive in the vehicle on June 20, 2016 and she became ill. The vehicle was in 

fact delivered on May 6, 2016. Gelco records indicate she had fueled the vehicle 3 times prior to 

the claimed first use. Fuel purchase dates were May 8, 2016, May 28, 2016 and June 18, 2016. 

Odometer data entered at the time of fueling indicates she had driven 574 miles in the vehicle 

between May 6, 2016 and June 18, 2018. 

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Illness Air Quality Correlations, Specific

Nothing less than remarkable correlations exist between Mrs. Beckemeyer’s reported illness 

and outdoor air quality in locations she was in or traveling to.

June 20, 2016

Mrs. Beckemeyer claims this was the first time she drove the vehicle and reported becoming 

ill. 

!This is the 3rd day of an air quality advisory for Butler County, OH. The only multi-day 

advisory in all of 2016.

!Ambient mold spore counts in Butler County almost reach the high threshold (1500 per M3) 

with a spore count of 1,489 per M3. 

September 19, 2016

Mrs. Beckemeyer drove to Indianapolis, reports illness. 

!Ambient mold spore counts in Butler County reach the very high threshold with a spore 

count of 7,507 per M3. The highest mold spore count of 2016.

!This is also day 1 of 4 consecutive Indiana Department of Environmental Management Air 

Quality Action Days Alert.

September 20, 2016

!Ambient mold spore counts in Butler County reach the very high threshold with a spore 

count of 6,131 per M3. The 3rd highest mold spore count of 2016.

!This is day 2 of 4 consecutive Indiana Department of Environmental Management Air 

Quality Action Days Alert.

September 21, 2016

Mrs. Beckemeyer drove to Indianapolis, reports severe illness. This is day 3 of 4 consecutive 

Indiana Department of Environmental Management Air Quality Action Days Alert.

!Ambient mold spore counts in Butler County reach the high threshold with a spore count of 

2,283 per M3.

October 24, 2016

Dr. McMahon claims Mrs. Breckmeyer drove the subject RAV4 and experienced the 

same symptoms. However, the vehicle was no longer in her possession at this time, it had been 

sold one month earlier at auction. It is noteworthy that she is now in a different vehicle and still 

experiencing the same symptoms, this indicates the exposure is ambient environmental in nature

not vehicle related.

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GAO report

Dr. McMahon relies heavily on Government Accountability Report entitled INDOOR 

MOLD, Better Coordination of Research on Health Effects and More Consistent Guidance 

Would Improve Federal Efforts. This report is about how various agencies could be more 

effective in their efforts relating to mold research. He has adapted it to become some sort of 

litmus test for mold exposure and litigation as well as a guide to determine causation.

He claims that the report gives guidelines on how to determine the causation with certainty of 

mold-based illnesses and indicates they are:

1. Exposure

2. Signs and Symptoms

3. Improvement with therapy

He then concludes that Mrs. Breckmeyer has met “all three GAO criteria for establishing 

causation.”

What the report actually says in this regard is The Institute of Medicine has determined the 

highest level of connection between indoor mold and adverse health effects is:

Sufficient evidence of a causal relationship

According to the Department of Health and Human Services (HHS), establishing a causal 

relationship with adequate certainty requires several types of evidence, including (1) 

epidemiologic associations, (2) experimental exposure in animals or humans that leads to the 

symptoms and signs of the disease in question, and (3) reduction in exposure that leads to 

reduction in the symptoms and signs of the disease. They want conclusive testing in a clinical 

study and indicate that a causative association cannot be determined by only an epidemiologic 

study. HHS officials conclude that more data are needed to establish a causative association 

between exposure to mold and some illnesses because the vast majority of the studies conducted 

to date have been only epidemiologic.

Possible levels of connection between indoor mold and adverse health effect

Highest Sufficient evidence of a causal relationship

Sufficient evidence of an association

Limited or suggestive evidence of an association

Lowest Inadequate or insufficient evidence to determine whether an association exist

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Dr. McMahon’s Conclusion

Dr. McMahon’s report sensationalizes information in very misleading way. For example, 

in his conclusion he states, “Based on the GAO report criteria, I can state with a degree of 

medical certainty that the Rav 4 vehicle which she drove up to 25 hours per week was waterdamaged and was causative in developing CIRS-WDB in Dr. Breckmeyer, due to chronic 

exposure.”

Three of the claims in this single sentence are:

“she drove up to 25 hours per week”, this is potentially true but much more sensational than that 

in a 149 day period 4307 were driven, assuming a low average speed of 30mph and a high 

average speed of 60mph, this places her in the vehicle from between 76.78 and 143.57 hours 

respectively. Or in other words she spent on average 3.6 to 6.7 hours in the vehicle per week.

“Rav 4 vehicle which was water-damaged”, this is not consistent with either Mr. Rucker’s or my 

finings based on our respective inspection and sampling results. Therefore, the basis of this 

opinion is formed on the clearly misguided interpretation of Mr. Rucker’s report.

“due to chronic exposure.” U.S. Department of Health and Human Services defines Chronic 

exposure as “Contact with a substance that occurs over a long time (more than 1 year)” so this is 

also untrue based on generally accepted definitions.

Source: U.S. Department of Health and Human Services, Agency for Toxic Substances and Disease Registry, 

www.atsdr.cdc.gov/glossary.html

Causation

Regarding specific causation Dr. McMahon claims, “No specific causation of an 

individual toxin, inflammagen, microbe or combination is required.” What the GAO report 

actually says is “To obtain a judgment that mold has caused personal injury, an individual must 

persuade the court that the type of mold at issue is capable of causing the individual’s condition 

and that the mold actually caused the condition in the specific case.”

Dr. McMahon then tries to bolster his flawed argument with an analogy of Dr. John 

Snow and the cholera a contaminated well. In summary there was a contaminated well and when 

access to that contamination source was eliminated people no longer get sick. 

The insinuation is that Mrs. Beckemeyer was exposed to mold in the RAV4 and she 

became ill. Sounds logical except that in the RAV 4 is not the only source of mold, it is found 

everywhere, floating through the air, we are all being exposed to it constantly. 

Dr. McMahon claims the 1300 spores M3found via Mr. Rucker’s testing is elevated and 

a sign of a water damaged vehicle and dangerous mold. But on the exact days Mr. Beckemeyer 

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reported illness the outdoor mold spore counts were 115% to 577% higher than what Dr. 

McMahon opines are dangerous and disease causing.

Source: www.southwestohioair.org/local_air_quality/pollen_and_mold/historical_data

So, to be a true analogy, every well would need to be contaminated and when one was to 

get sick from exposure to the contaminate, one could simply pick the well owner with the 

deepest pockets and claim that as the source and cause of their illness.

Spores 

M

3 % higher 

Baseline 1300

6/20/2016 1489 115%

9/19/2016 7507 577%

9/20/2016 6131 472%

9/21/2016 2283 176%

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Research Data

Multiple studies have determined that it would not be unusual to find allergens of microbial and 

nonmicrobial origin inside virtually every family car considering its normal use patterns. [1] 

Automobiles are considered an indoor environmental source of endotoxin and β‐(1,3)‐glucan 

exposure, together with other indoor environments such as domestic dwellings clothing, schools, 

day-care centers , and aircraft. [2]

Endotoxin and β-(1,3)-glucan dispersal in automobiles is most likely from the outside 

environment where Gram-negative bacteria, as a source of endotoxin, and fungi, as a source of β-

(1,3)-glucan, are ubiquitous. [2]

The use of air conditioning in a vehicle has a drastic positive effect on the in-vehicle air quality. 

In all sequences of air sampling the total number or microorganisms decreased (mean reduction: 

81.7%), the number of mold spores decreased (mean reduction: 83.3%), and the number of 

airborne particles decreased (mean reduction: 87.8%) within few minutes after starting the AC 

system. The present study shows an enormous improvement of the microbiological quality of air 

when using the AC system in all cars tested. Thus, our data confirm the findings of Kumar et al., 

who also determined a significant reduction of mold spores in a car's cabin when using the AC 

system. Muilenberg et al. report a decrease of the concentration of airborne particles around the 

front seats when using an AC system. [3]

Endotoxins naturally occur in the environment. A recent study finds 60% of airborne endotoxins 

are carried by pollen of a common weed found in Ohio and most of the U.S. [4]

Our review suggests that the age of houses, cleaning, farm or rural living, flooring materials (the 

presence of carpets), number of occupants, the presence of dogs or cats indoors, and relative 

humidity were the strongest determinants for endotoxin loads in settled floor dust, while the 

presence of pets (especially dogs) were the strongest contributing factors for airborne endotoxin 

concentrations. Concerning the effect of several environmental factors on endotoxin levels, the 

literature findings are inconsistent and additional studies are needed. [5]

Knowledge of generally existing levels of endotoxins in indoor air and in settled floor 

dust as well as the factors influencing endotoxin levels in indoor environments is needed to 

correctly understand field data and to recognize “abnormal” levels of endotoxins. This review 

may be used as a guide to aid in the interpretation of endotoxin levels in different indoor 

environments. The analysis of the data showed that the reported indoor loads of endotoxins in 

settled floor dust, as well as the concentrations of endotoxin in indoor air varied widely within an 

indoor environment and between different indoor environments, being 660-107,000 EU/m2 and 

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0.04-1610 EU/m3 in residential homes; 2180-48,000 EU/m2 and 0.07-9.30 EU/m3 in schools; 

and 2700-12,890 EU/m2 and 6 EU/m3 in offices. - This review recommends that further efforts 

should be made to create a standardized, uniform sampling methodology for endotoxins and to 

investigate the impact of different local factors in different climate regions. [5]

The role of indoor dampness in triggering and exacerbating asthma and other respiratory 

symptoms has been documented in numerous studies; however, there is limited data on the 

relation of indoor dampness to mold sensitivity, particularly in populations living in areas with 

significant flooding events. The results of this analysis failed to find a significant relationship 

between any of the measures of mold/dampness exposure and sensitivity to mold allergens either 

in unadjusted or adjusted models. Furthermore, when asthma status was considered in the model, 

the results did not materially change. Thus, the finding of no association was robust across 

measures of exposure and across the study population. Although direct pre-post storm 

comparisons cannot be made, to explore the possibility that mold sensitivity was higher than 

expected in New Orleans residents, we compared our estimates to those obtained from general 

population estimates. To our surprise, we found the mold reactivity rate of 10% found in our 

sample equaled the rate in the general U.S. population. Further, among asthmatics, the 

prevalence of mold reactivity, at 14.9%, was lower than rates found in both the general 

population and in other atopic populations. [6]

[1] Sattar, Syed & E. Wright, Kathryn & Zargar, Bahram & Rubino, Joseph & Ijaz, M. Khalid. (2016). Airborne 

Infectious Agents and Other Pollutants in Automobiles for Domestic Use: Potential Health Impacts and Approaches 

to Risk Mitigation. Journal of Environmental and Public Health. 2016. 1-12. 10.1155/2016/1548326. 

[2] Wu FFS, Wu MW, Chang CF, Lai SM, Pierse N, Crane J, Siebers R: Endotoxin and β-(1,3)-glucan levels in 

automobiles: a pilot study. Ann Agric Environ Med 2010, 17, 327–330.

[3] Vonberg et al., The microbiological quality of air improves when using air conditioning systems in cars BMC 

Infectious Diseases 2010, 10:146

[4] Artemisia pollen is the main vector for airborne endotoxin Oteros, Jose et al. Journal of Allergy and Clinical 

Immunology 

[5] Atmospheric & Environment Journal, 142 pp. 360-369 (2016), Endotoxin levels and contribution factors of 

endotoxins in resident, school and office environments – A review, H, Salonen, C. Duchain, V. Letouneau, M. 

Mazaheri, S. Laitinen, S. Clifford, R. Mikkola, S. Lappalainen, K. Reijula, L, Morawska.

[6] Felicia A. Rabito, Sara Perry, W. Edward Davis, C. Lillian Yau, and Estelle Levetin, “The Relationship between 

Mold Exposure and Allergic Response in Post-Katrina New Orleans,” Journal of Allergy, vol. 2010, Article ID 

510380, 7 pages, 2010

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CONCLUSION

OPINION #1: The actions or inactions of Gelco or their contractor Professional Automotive 

Relocation Service (PARS) did not lead to mold and/ or bacteria growth in the subject vehicle.

OPINION #2: There was not, nor has there ever been mold and/ or bacteria growth in the subject 

vehicle that would be considered out of the ordinary. 

OPINION #3: Exposure to mold and/ or bacteria while in the subject vehicle was not the direct 

and proximate cause of the Mrs. Beckemeyer's injuries.

OPINION #4: Mrs. Beckemeyer was exposed to less mold and/ or bacteria while operating the 

subject vehicle then she would have otherwise been exposed to outside of the vehicle.

OPINION #5: Vehicles are designed for minor water intrusion events by nature of their expected 

use.

OPINION #6: Mrs. Beckemeyer’s work territory included 6 of the top 25 most polluted cities in 

the U.S. in 2016.

OPINION #7: Mrs. Beckemeyer’s symptoms as reported by date corelate very closely with 

adverse air quality alerts in reported travel locations.

OPINION #8: Portions of Mr. Rucker’s inspection report entitled Microbe & Endotoxin & 

Carbon Monoxide Gas Test Results are fundamentally flawed and inaccurate.

OPINION #9: Portions of Mrs. Beckemeyer’s medical report from Whole World Health Care, 

PC are fundamentally flawed and inaccurate.

OPINION #10: Mrs. Beckemeyer’s understanding of mold growth and mold remediation as 

allegedly explained to her is fundamentally flawed and inaccurate.

Opinion #11: Mrs. Beckemeyer was exposed to many mold spores via inhalation outside of the 

vehicle then inside of the vehicle.

Signature 

11/2/2018

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Appendix 1

Vehicle Inspection

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Vehicle Inspection

A comprehensive vehicle inspection was conducted July 9, 2018 at Bob Rohrman 

Subaru, 1600 S. Creasy Lane, Lafayette, IN 47905. The vehicle VIN was confirmed, and the 

vehicle inspection occurred. 

While the condition at the time of inspection may not necessarily represent the condition 

of the vehicle at the time of use by Mrs. Beckemeyer due to subsequent cleaning, therefor the 

inspection focused on examination and sampling of areas that would not be subject to routine or 

even detailed cleaning, for example underneath seats, under installed carpet and inside HVAC 

system ductwork. To this end the inspection consisted of partial disassembly of the vehicle by a 

trained technician to allow a very thorough inspection of these areas.

No water damage or mold growth was observed anywhere in the vehicle. 

Vehicle VIN number checked and verified. This is the subject vehicle.

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Vehicle Exterior, Passenger Side

Vehicle Exterior, Drivers side

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Vehicle Exterior, Rear

Vehicle Odometer

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Vehicle Exterior, front grill

Vehicle Interior, Headliner

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Vehicle Interior, Headliner

Vehicle Interior, Headliner

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Vehicle Interior, Headliner

Vehicle Interior, Headliner

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Vehicle Interior, Headliner

Vehicle Interior, Headliner

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Vehicle Interior, Headliner

Vehicle Interior, Headliner

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Vehicle Seat, Drivers Side

Vehicle Seat, Passenger Side

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Vehicle Carpet, Drivers Side

Vehicle Carpet, Drivers Side

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Vehicle Carpet, Drivers Side

Vehicle Carpet, Drivers Side

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Vehicle Carpet, Drivers Side

Vehicle Carpet, Drivers Side

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Under Vehicle Carpet, Drivers Side

Under Vehicle Carpet, Drivers Side

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Vehicle Carpet, Passenger Side

Vehicle Carpet, Passenger Side

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Vehicle Carpet, Passenger Side

Under Vehicle Carpet, Passenger Side

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Vehicle Carpet, Passenger Side

Vehicle Carpet, Passenger Side

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Vehicle Carpet, Passenger Side

Vehicle Air Vent, Drivers Side

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Vehicle HVAC System, Passenger Side in dash

Vehicle HVAC Filer Housing, Passenger Side in dash

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Vehicle HVAC System Filter removed for analytical testing

Condensation in the exterior of the vehicle following A/C use by Mrs. Beckemeyer’s expert

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Condensation in the exterior of the vehicle following A/C use by Mrs. Beckemeyer’s expert

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Appendix 2

Sampling Data

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Appendix 3

Laboratory Qualifications

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Appendix 4

Vehicle Manual Air Conditioning Section

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Appendix 5

Service Records

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Appendix 6

Mold Types

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Mold Types

The following types of mold spore were detected in microscopic quantities. Type are 

included from Mr. Rucker’s report as well as my own. Under each type is information on 

distribution, where it is found and mode of dissemination.

Acremonium

Ubiquitous; cosmopolitan

Soil, dead organic debris, hay, food stuffs.

Wet spore. Insect/water droplet. Wind (old growth)

Alternaria

Ubiquitous; cosmopolitan

Soil, dead organic debris, on food stuffs and textiles. Plant pathogen, most commonly on 

weakened plants.

Dry spore. Wind

Ascospores

Ubiquitous; cosmopolitan

Found everywhere in nature.

Spores are predominantly forcibly discharged during periods of high humidity or rain

Aspergillus/Penicillium

Ubiquitous; cosmopolitan

Soil, decaying plant debris, compost piles, stored grain.

Dry spore. Wind, insects (fungus serves as a food source for storage mites)

Aureobasidium

Ubiquitous; cosmopolitan

Soil, forest soils, fresh water, aerial portion of plants, fruit, marine estuary sediments, 

wood. Wet spore. Wind (when dried out), water droplet.

Basidiomycetes

Ubiquitous; cosmopolitan

Gardens, forests, woodlands.

Wind; spore release (active mechanism) during periods of high humidity or rain

Basidiospores

Ubiquitous; cosmopolitan

Gardens, forests, woodlands.

Wind; spore release (active mechanism) during periods of high humidity or rain.

Chaetomium

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Ubiquitous; cosmopolitan

Soil, seeds, cellulose substrates, dung, woody and straw materials.

Spores are formed inside fruiting bodies. Spores are forced out an opening and spread by 

wind, insects, water splash

Cladosporium

Ubiquitous; cosmopolitan

Soil of many different types, plant litter, plant pathogen, leaf surfaces, old or decayed 

plants.

Dry spore (formed in very fragile chains, easily dispersed). Wind.

Epicoccum

Ubiquitous; cosmopolitan

Plant debris, soil. Secondary invader of damaged plant tissue.

Dry spore. Wind. Spores also released by hygroscopic movement.

Myxomycetes

Ubiquitous; cosmopolitan

Decaying logs, stumps and dead leaves, particularly in forested regions.

These organisms have both dry and wet spores.

Penicillium

Ubiquitous; cosmopolitan

Soil, decaying plant debris, compost piles, fruit rot.

Dry spore. Wind, insects (fungus serves as a food source for storage mites).

Pithomyces

Ubiquitous; cosmopolitan

Common on dead leaves of more than 50 different plants, especially leaf fodders. Soil,

grasses.

Dry spore. Wind.

Rhodotorula

Ubiquitous; cosmopolitan

Soil, water, milk, fruit juice

Dry spore. Wind.

Smuts, Periconia, Myxomycetes

Ubiquitous; cosmopolitan

On cereal crops, grasses, weeds, other fungi, and on other flowering plants.

Dry spore. Wind.

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Smuts/Myxomycetes

Ubiquitous; cosmopolitan

On cereal crops, grasses, weeds, other fungi, and on other flowering plants.

Dry spore. Wind.

Tetraploa

Ubiquitous; cosmopolitan

Natural habitat includes leaf bases and stems just above the soil on many kinds of plants 

and trees.

Wind disperses the dry fruiting body spores, whereas the wet amoebic phase is motile.

Source: www.emlab.com/resources/fungal-library/

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Appendix 6

CV Jeremy Porter

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Curriculum Vitae

Jeremy E. Porter, PMP®

Independent Expert Witness specializing in 

Asbestos, Lead and Mold Remediation Exposures

Professional Qualifications 

Project Management Professional Certification (2013) 

Licensed Asbestos Contractor/ Supervisor (2015) 

Licensed Lead Contractor/ Supervisor (1995) 

Mold Mitigation Training (2005) 

Nuclear Employee Initial Training (2008) 

Nuclear General Employee Training (2008) 

OSHA 10 Certified (2003) 

OSHA 30 Certified (2011) 

Areas of Expertise: 

Mr. Porter has an extensive understanding of the means and methods used to mitigate mold as 

well as an in-depth background and understanding of mold growth and the conditions causing 

such occurrences. Mr. Porter’s background is a unique blend of actual field experience in the 

application and removal of mold followed by extensive management of employees performing 

these tasks. Mr. Porter further possess an in-depth knowledge of mold related exposure and 

associated risks. Mr. Porter’s experience includes an extensive range of project types including 

residential, commercial, industrial, manufacturing, education, healthcare, fossil power and 

nuclear power. Mr. Porter is also familiar with legal proceedings and has a solid foundation and 

understanding of the principals of civil litigation including experience testifying.

Case History

• Smith v. Polley for John and Kim Polley represented by Williams Montgomery & John 

Ltd.

Work Experience 

• 27 years Construction Experience 

• 27 years Asbestos Abatement Experience 

• 22 years Lead Abatement Experience 

• 22 years Interior Demolition Experience 

• 22 years Mold Abatement Experience 

• 7 years Nuclear Services Experience 

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• 7 Years Thermal Insulation Experience 

Employment History 

• 2015 – 2018: Operations Manger The Luse Companies/ SC 

Duties include oversight of two company division engaged in insulation, asbestos, lead and mold 

remediation work and specialty construction services. 

• 2008 -2015: Nuclear Services Manager Luse Thermal Technologies 

Duties included field oversight and planning for a group of employees engaged in all aspects of 

insulation installation, asbestos abatement work and firestop services in the nuclear power 

generation sector. 

• 2003-2008: General Manager, The Luse Companies 

Duties included oversight of a group of employees estimating and managing all aspects of 

insulation and asbestos abatement work. 

• 2001-2003: General Manager Environmental Services of Illinois 

Duties included oversight of a group of employees estimating and managing all aspects of 

insulation and asbestos abatement work. 

• 1999-2001: Estimator/ Project Manager Specialty Systems of Illinois 

Duties included estimating and managing all aspects of asbestos, lead and mold remediation 

work 

• 1998-1999: Estimator/ Project Manager LVI Services 

Duties included estimating and managing all aspects of insulation, asbestos, lead and mold 

remediation work.

• 1995-1997: Abatement Worker/ Supervisor Champion Environmental Services 

Duties included performing hands on insulation and asbestos, lead and mold removal. 

Additional Information: 

• Mr. Porter has experience in the causes and effects of mold growth in all types of 

environments. Work has included projects relating to acute water events as well as chronic 

situations relating to poor indoor air quality typically resulting from high humidity over extended 

periods of time. 

• Mr. Porter has experience in forensic exposure. Determining exposures based on 

evidence and conditions at the time or over the period of the alleged incident.

• Mr. Porter has a technical background. An understanding of principles or operation of 

systems and functions that would lead to or minimize exposure of airborne toxins.

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EXPERT WITNESS REPORT

MELANIE BECKEMEYER

vs. 

GELCO CORPORATION, ETC.

Case No. 1:17-CV-00695-MRB

Prepared by:

Jeremy Porter, PMP

16 Canyon Court

Yorkville, IL 60560

Report prepared for Ritzler, Coughlin & Paglia, Ltd.

Subject: Mold/ Bacteria growth in 2014 Toyota RAV4

VIN 2T3DFREV9EW127356

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Supplement #1

Based on information and documents recently provided and reviewed pursuant to the deposition 

of Steven Russel, it is necessary that I supplement my report. I hereby supplement the report as 

follows:

On page 25 of this report I state: “*The Gelco record indicates “washer line that runs thru roof 

has been chewed, replace, washer valve and 2 rubber tube mouse damage”, however this does 

not appear to have been done according to the dealership service records. This note probably 

relates to a discussion on what could potentially be causing the roof leak. This assumption is 

based in on the vehicle inspection, no mouse or water damage was observed. (See inspection 

details.) The Toyota Dealership services records. (See service records.) Mrs. Beckemeyer’s 

testimony that she never observed any leaks for the entire duration of vehicle use.”

This assumption was based on the appearance from the service records that no replacement 

washer fluid tubing was installed in the subject RAV4. Mr. Russel’s testimony indicates the parts 

replaced were incorrectly assigned to a line item #5 relating to the inspection of the vehicle floor 

mats, instead of line item #1 relating to the alleged leak.

Based on this information, I do believe that the dealership replaced washer fluid lines in the 

subject vehicle. According to the part numbers, there were 2 rubber tubes and 1 washer valve 

was replaced. These components are located in the engine compartment of the vehicle and not at 

all associated with the line that runs to the rear window of the vehicle. It is therefore impossible 

that these components contributed in any way to fluid entering the vehicle near the passenger sun 

visor. 

This amendment is for clarification purposes This information does not change or modify any of 

the opinions stated in the report.

Signature

4/12/2019

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RAV4 Front Window Fluid Component Diagram, red arrows added to indicate the parts 

replaced.

Source: https://parts.toyota.com/a/Toyota_2017_RAV4/62972068__6712503/WINDSHIELD-WASHER/665420-

8503.html

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