Archive for the ‘Indiana’ Category

Madison County, Illinois - A resident of Florida who was diagnosed with mesothelioma has filed an asbestos-related lawsuit in Madison County Circuit Court, Illinois, on May 22.

The man is Leo Flynt, who alleges that during the course of his employment as an electrician between 1946 and 1977 in Florida, Indiana, and Illinois, he was exposed to inhalable asbestos fibers which were released by asbestos-containing products he worked with or near. He was diagnosed with mesothelioma on January 1, 2008.

Leo Flynt names a total of 59 defendants in his suit, including Bondex International, CBS, Chrysler, Federal-Mogul Asbestos Personal Trust, Ford Motor Company, General Electric, General Motors, Goodyear, Honeywell International, Ingersoll-Rand, International Paper, Lucent, John Crane, MetLife, Owens-Illinois, Philips Electronics and Trane US.

The lawsuit claims that the defendants either knew or should have known that asbestos is a dangerous substance, and that asbestos exposure has a toxic effect which can lead to the development of asbestos cancer and other serious diseases. “The plaintiff’s exposure and inhalation, ingestion or absorption of the asbestos fibers was completely foreseeable and could or should have been anticipated by the defendants.”

In addition, Leo Flynt’s lawsuit claims that the defendants continued using asbestos in their manufactured products even though substitutes for asbestos were available to be used.

Flynt also claims that the defendants failed to warn that asbestos was dangerous, failed provide any instructions about working safely with or around asbestos, and failed to warn employees that asbestos fibers could be carried home on clothing.

As a result, Leo Flynt alleges that he was negligently exposed to dangerous asbestos fibers, and developed deadly mesothelioma.

Finally, the lawsuit also alleges that some of the defendants in the case destroyed documents relating to the use of asbestos, and that as a result Leo Flynt’s ability to build an effective case has been damaged. “Plaintiff has been caused to suffer damages in the form of impaired ability to recover against defendants and lost or reduced compensation from other potentially liable parties in this litigation.”

Leo Flynt is seeking compensation to pay for treatment and lost income and for the physical pain and mental anguish he has suffered as a result of being diagnosed with mesothelioma. In addition he is seeking damages of at least $300,000 in punitive damages, due to the “damages for negligence, willful and wanton acts, conspiracy, and negligent spoliation of evidence” of the defendants.

Muncie, Indiana - An asbestos consultant working for Muncie Community Schools faces a penalty of up to $1,500 for alleged violations of the Indiana Occupational Safety and Health Act.

The consultant company is ACM & Environmental Services, Indianapolis. The company faces accusations of eight violations of the OSHA Act during renovations of Muncie’s Central High School that were carried out last year. Include in the list of alleged violations of the act are the following:

1. Training records were not made available for employees who performed work involving asbestos. The work included clean-up of asbestos-containing materials, including those such as spray-on fireproofing material.
2. Employees carried out spot abatement procedures on asbestos-containing spray-on fireproofing material without using respirators.
3. Employees carried out spot abatement procedures without first establishing an isolated area that could be safely controlled and regulated.
4. There was no written respiratory protection program for the project.
5. An incident in which asbestos-containing spray-on fireproofing fell onto the floor was not dealt with according to regulations. The required sampling and analysis procedures were not carried out according to approved OSHA methodology.
6. Employees did not spread plastic drop cloths on the floor before scraping asbestos-containing spray-on fireproofing material from the ceiling.
7. Employees that had not been trained to work with asbestos were allowed to scrape small spots of asbestos-containing spray-on fireproofing off the ceiling.
8. Employees who voluntarily wore respirators were not provided with basic information about the equipment they were using.

Indiana Department of Labor spokesperson Sean Keefer said that ACM & Environmental Services were expected to sign an Expedited Informal Settlement Agreement for the incident. The EISA calls for the penalty to be reduced from $1,500 to $975.

The mechanical-electrical contractor for the project, Sater Electrical, had already signed an EISA to revolve eight violations it had been accused of. These included failing to reduce dust emissions, failing to provide employees with respirators, protective clothing, and safety glasses, and disturbing asbestos-containing spray-on fireproofing without using drop cloths or isolating the work area.

Sater Electrical agreed to pay a fine of $796.25 and also said the company was no longer working in designated asbestos-containing areas until an exposure assessment had been conducted.

According to School Superintendent Marlin Creasy, it is unlikely that students were exposed to asbestos.

March 21, 2008, Madison County, Illinois – Over the past few years, asbestos cases had dropped off in Madison County. This week, however, that all changed, as twenty asbestos-related lawsuits were filed between March 13 and March 18.

That’s a total of 1,036 summonses being sent to defendants in the suits, and a total of $129,997 in fees paid to the Madison County Circuit Clerk’s Office.

March 13

* Marcella Walters (Nebraska) was diagnosed with mesothelioma in 2007 and claims she was exposed to asbestos between 1946 and 1977 while working as a secretary. She also claims she received secondary exposure from her husband’s work clothes.

* The estate of Mary Hazelrigg (Indiana) claims she was exposed during the 1970s while working as a welder’s assistant, and via secondary exposure from her ex-husband’s clothing. She died in April 2007 after being diagnosed with mesothelioma in October 2006.

* Darrel Henderson (Kansas) claims he has lung cancer that developed as a result of asbestos exposure during his service in the US Navy. He was diagnosed in 2007.

* The estate of Nancy Foster claims her lung cancer developed following asbestos exposure during the 1960s and 1970s while working as a laborer and housekeeper.

* Edward Kronsperger, diagnosed with mesothelioma in January 2008, claims he developed the disease as a result of asbestos exposure while in service to the US Navy.

* The estate of James Price (Tennessee) claims he developed lung cancer as a result of asbestos exposure while working for Texaco, Shell Oil, Amoco, Anheuser-Busch, Chrysler and American Zinc between 1964 and 1993.

March 14

* William Yeager (Missouri) claims his mesothelioma developed following asbestos exposure during his career as a boilermaker.

* Forrest Bateman (Idaho) developed mesothelioma, allegedly following work as a dairy farmer, machinist, and x-ray technician, between 1949 and 1990. He also claims to have suffered secondary exposure from his wife’s work clothes.

* Nina Anderson (Illinois) claims her mesothelioma developed from a mixture of occupational and secondary asbestos exposure from her husband’s work clothes.

* The Estate of Daniel Malcolm claims he died of mesothelioma caused by asbestos exposure that occurred during his career as a teacher and foundry-worker.

March 17

* Larry Marlow (Texas) was diagnosed with mesothelioma in 2007, following a 41 year career working as a laborer.

* The estate of Doyle Clayton claims his mesothelioma developed after working as a machinist between 1956 and 1990.

* The estate of Lois Nisi claims her mesothelioma developed as a result of asbestos exposure that occurred during her 48-year machinist career.

* Gloria LaBargage (California) claims she developed mesothelioma as a result of asbestos exposure that occurred after 1968.

* Roy Brown (Indiana), diagnosed with mesothelioma in 2007, claims his disease results from asbestos exposure during his work as a laborer between 1972 and 1974.

March 18

* John Barringer (Pennsylvania) was diagnosed with mesothelioma in 2007 and claims it’s the result of exposure that may have occurred while in service to the US Navy or during his time as a computer manager in Pennsylvania.

* Dolores Joppa (Arkansas) claims her mesothelioma is the result of both primary and secondary asbestos exposure.

* The estate of Frederick Shuberg claims he died from mesothelioma as a result of asbestos exposure that occurred from 1964 during the deceased’s work as a technician.

* Lawrence Schmidt claims his colon cancer developed as a result working with asbestos during his work as a painter.

* The estate of Charles Lampin, Sr. claims his esophageal cancer occurred as a result of asbestos exposure.

BLOOMINGTON, Indiana – The demolition of the Coachman Motel may be delayed yet again as city crews have stumbled across an unexpected problem – asbestos between the walls.

Bloomington Planning and Code Enforcement Director Mark Huber said that the city had not yet determined how they would deal with this latest setback. Currently, the city has contracted with a demolition contractor, C & D Recycling, but their bid for the job did not include extensive asbestos removal before demolition begins.

Huber said. “It is premature to say it will come down in a month. We don’t know yet.”

In 1961, when The Coachman was built, it was not uncommon practice to use asbestos in construction, particularly in public buildings. The motel, built primarily of concrete blocks, was insulated with vermiculite, a mineral based material. It was poured into the blocks between the rooms for additional soundproofing.

Vermiculite insulation is notorious for its asbestos content. In some cases, asbestos was added to the vermiculite, but there is also the possibility that asbestos naturally contaminated the asbestos as was the case with vermiculite mined at the W. R. Grace Libby mine. At one point, that Libby mine provided nearly 90% of all vermiculite used in the United States. Grace has faced billions in lawsuits because of their awareness that the mine was contaminated.

The asbestos-laced vermiculite was not discovered during the original asbestos inspection, Huber said. It was only found after the contractors had begun to remove asbestos from the rest of the building. Since it was not part of the original abatement plan filed with the EPA, the city is uncertain whether they’ll be required to file another abatement plan and have it approved.

If the EPA decides that the city must file another abatement plan, it’s unclear how long it will be before the approval is in hand and the contractors can proceed on the asbestos removal.

Tom Kirk, from C & D Recycling, said that they will continue with the original plan while waiting to hear what will be required of them now. In addition, both Huber and Kirk agreed that the cost to the city will very likely increase, as the new work is outside the scope of the work originally on the bid. Kirk’s bid of $187,000 was the lowest bid of three contractors.

The new delay is especially frustrating in the case of the Coachman. The Bloomington City Council approved the demolition bid in January after years of struggling with the owner to force building improvements. The city will pay for the demolition, and place a lien against the property to recover the cost when it is sold.