Asbestos News Roundup: 5.30.13 – Asbestos in Schools

May 31st, 2013. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos in Schools—Did You Know?

Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings.

Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.

Local education agencies must keep an updated copy of the asbestos management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.

For more information about federal asbestos regulations visit: http://www.epa.gov/asbestos/lawsregs.html

Asbestos Lawsuits

Pittsburgh, PA: Frank Kozlowski and his wife, Marie, of Melbourne Beach, Fl, have filed a short-form complaint in the master asbestos litigation docket in Philadelphia on April 26 against 17 companies that they allege are responsible for exposing Frank to asbestos dust and fibers. This exposure, they plaintiffs claim, is responsible for Frank’s recent lung cancer diagnosis.

According to the lawsuit, Frank Kozlowski was a pack-a-day smoker from 1957 to 2006, and was diagnosed as having lung cancer by his Florida physician on Januray 21, 2013.

Mr. Kozlowski worked as a laborer from 1959 to 1962, at the Portsmouth Naval Yard in New Hampshire from 1963 to 1967, and as an auto worker at Ed Roth & Sons in Glassboro, NJ, in 1968, the complaint states. The suit also states Frank did additional automobile work throughout the 1970s, and spent time working at both the Bremerton Naval Yard and Naval Station Norfolk during the early-to-mid 1960s.

The following defendants are named in the complaint: Air & Liquid Systems Corp., Aurora Pump Co., Borg-Warner Corp., Byron Jackson Pumps, CertainTeed Corp., Dana Companies LLC, Foster Wheeler LLC, General Electric Co., Georgia Pacific LLC, Honeywell International Inc., IMO Industries Inc., Maremont Corp., Metropolitan Life Insurance Co., Owens-Illinois Inc., Pneumo Abex LLC, and Warren Pumps LLC.

The Kozlowskis are seeking damages as set forth in the master asbestos litigation at Philadelphia’s Common Pleas Court. The case ID number is 130404113. (pennsylvaniarecord.com)

Charleston, WV: 48 companies have been named as defendants by a couple who allege they are responsible for the husband’s diagnoses of lung cancer and asbestosis. On September 12, 2011, Kenneth Joseph Morris was diagnosed with lung cancer and asbestosis on April 30, according to their asbestos lawsuit. The Morrises claim the 48 defendants exposed Kenneth Morris to asbestos-containing products during his employment as an electrician from 1964 until 2001. According to the lawsuit, Morris smoked cigarettes for 30 years, but quit in 2001.

The defendants are being sued based on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn, according to the suit, and certain defendants are also being sued as premises owners and as Kenneth Morris’ employers for deliberate intent/intentional tort.

The 48 defendants in the suit include: 3M Company; A.W. Chesterton Company; Aurora Pump Company; Brand Insulations Inc.; Buffalo Pumps Inc.; CBS Corporation; Certainteed Corporation; Cleaver Brooks Company Inc.; Columbus McKinnon Corporation; and Copes-Vulcan Inc. Kanawha Circuit Court case number: 13-C-924 (wvrecord.com)

Tags: Asbestos, asbestos lawsuit, Asbestos Settlement, asbestosis, mesothelioma

This was posted on Friday, May 31st, 2013 at 10:11 am and is filed under Asbestos Mesothelioma, Emerging Issues, lawsuits . Feel free to respond, or trackback. Read our comments policy.