Case Synopsis: The Plaintiff was diagnosed with mesothelioma. The Plaintiff alleged he was exposed to asbestos from boilers at his high school gym, a private school, where the Defendants supplied the boilers and did the plumbing and heating work. The basis of the Plaintiff s claim is that he alleged he was exposed to dust in the gym. There was no evidence that the dust in the gym contained asbestos fibers and there is no proof that Defendant handled asbestos and certainly no proof that they introduced asbestos into the alleged construction dust. The boilers were located in the basement, in a separate room, and were there during the 1967-68 construction work.
Expert Analysis: The Safety, health, and environmental expert represented the Defendant. Although records reveal asbestos containing material (ACM) cement may have been used on some of the associated piping, there is no evidence of friable ACM applied to the boiler or associated piping. The Plaintiff alleged he inhaled asbestos fibers when he used a broom to sweep the gym. There was no evidence that alleged asbestos fibers were released by the Defendant's activities and drifted up into the gym.
The Plaintiff worked several jobs where there was a history of asbestos exposure. He most likely got exposed to asbestos fibers during the time he was self-employed as a contractor and cut through or disturbed ACM.
Result: The Defendant was excluded from the lawsuit in a summary judgment. Please feel free to contact me if you have any questions.
Jon J. Pina has over thirty years of experience in Safety Management, Loss Prevention, Consultation for Demolition, Construction, Coal, Chemical, Steel and Hazardous Waste Operations. Mr. Pina's experience includes Construction Manager, Chemical Plant Operator, Plant Maintenance and Union Pipefitter. He is an independent consultant and is presently on the faculty of Indiana University of PA Safety Science. Mr. Pina has also taught environmental, earth and space science for five years in the Pennsylvania public school system.
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