A Circuit Court judge this week dismissed one of the plaintiffs and upheld Suffolk Public Schools’ plea of sovereign immunity in a lawsuit surrounding alleged mold in one of its schools.

However, sovereign immunity doesn’t protect the school division from claims of gross negligence and fraud, so the case will proceed to trial, scheduled for June.

The lawsuit centers on a former Southwestern Elementary School student whose mother filed the lawsuit and is seeking $7.5 million in damages.

Deborah Simpson claims that son suffered from frequent vomiting, sinus infections, skin rashes, watery eyes, ear infections and other ailments while he attended the school.

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