Sunday, September 20, 2009

Vermont school district official file asbestos lawsuit

he Montpelier School District has filed an lawsuit against flooring company Morrison-Clark, Inc. The school district hopes to recover damages resulting from the firm’s problematic handling of an asbestos cleanup project last summer at the Main Street Middle School. Asbestos is, by law, meant to be handled and disposed of by licensed professionals. This is because asbestos has the potential to cause serious illnesses, including asbestosis, lung cancer, and pleural mesothelioma.

The district is believed to be seeking damages of at least $88,379.87: the totally amount of fees and costs incurred by the district due to the firm’s mishandling of asbestos. The school was also forced to shut down by the Vermont Department of Health. This forced the school to delay the start of school last year by several days. Asbestos-laden floor tiles were being removed from the school. But according to an attorney for the firm, Morrison-Clark plans to deny any liability.

"There was never any actual asbestos contamination found," Attorney David Bond said Monday. "What did happen was that the state inspector from the Department of Health came to the site and observed activities that he believed to be in violation of the Vermont asbestos control regulations. We disagree with his interpretation."

The suit is based on three counts. The first alleges neglect by Morrison-Clark. The second charge alleges that company broke their contract with the school. The third count alleges consumer fraud by the company, as the company allegedly "engaged in unfair and deceptive acts and practices."

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