It's been a busy summer for Carl DePalma.
As of Sept. 13, the Auburn attorney represents 22 claimants who have filed notices of claims against Cayuga County over exposure to asbestos and fear of cancer from free-floating asbestos found in the Board of Elections building.
A notice of claim preserves each client's rights to sue, DePalma said. Each client is filing a claim with two different causes of action, one of which can be dealt with sooner than the other.
DePalma said that all his clients meet the first action, which is showing cause for a fear of cancer.
“Each client has reasonable belief that they were exposed to asbestos and have a fear of cancer,” DePalma said. “Contamination levels of asbestos in the building tested positive even after removal work had been done.”
Even a small amount of exposure can prove the first cause, DePalma said.
The clients' second cause of action is the possibility of a disease that wouldn't develop until 25 to 30 years down the road, DePalma said.
New asbestos testing may reveal signs of the disease earlier on, but a notice of claim needs to be filed now in order for a lawsuit to occur later.
For now, DePalma waits to hear from the county as to when it wants to hold its 50-h hearings, hearings held for each claimant where the county is allowed to ask the claimant questions regarding their exposure to asbestos. The hearings are a normal procedure when there is potential for a government to be sued.
DePalma and Frank Miller, a Syracuse lawyer representing Cayuga County, had scheduled the first hearing Sept. 6 but it was adjourned.
DePalma had thought Miller would question all the claimants, but found out Miller would only be questioning Anthony Garropy, a former county employee, who was fired from his job following removal of the boiler.
The hearing was adjourned for two reasons, one to try to consolidate time for claimants and attorneys by questioning a number of claimants in one day. DePalma would not disclose the second reason for adjournment.
He has not heard from the county on a new hearing date.
Following the hearings, the county can choose to either pay the claimants, which DePalma says is unlikely, or they can enter into a lawsuit.
DePalma represents a variety of claimants, including BOE employees, former Cayuga County jail inmates and present inmates, as well as members of the public who may have been exposed to asbestos performing their daily job duties, including working at an Auburn landfill or mail-carrying.
DePalma has been asked if this case could become a class action lawsuit, but he said it can't because all the claimants are on a different footing.
“My claimants can't all be grouped together, situations for county employee exposure is different than for jail inmates,” DePalma said.
Staff writer Kristina Martino can be reached at 253-5311 ext. 238 or kristina.martino@lee.net
A notice of claim preserves each client's rights to sue, DePalma said. Each client is filing a claim with two different causes of action, one of which can be dealt with sooner than the other.
DePalma said that all his clients meet the first action, which is showing cause for a fear of cancer.
“Each client has reasonable belief that they were exposed to asbestos and have a fear of cancer,” DePalma said. “Contamination levels of asbestos in the building tested positive even after removal work had been done.”
Even a small amount of exposure can prove the first cause, DePalma said.
The clients' second cause of action is the possibility of a disease that wouldn't develop until 25 to 30 years down the road, DePalma said.
New asbestos testing may reveal signs of the disease earlier on, but a notice of claim needs to be filed now in order for a lawsuit to occur later.
For now, DePalma waits to hear from the county as to when it wants to hold its 50-h hearings, hearings held for each claimant where the county is allowed to ask the claimant questions regarding their exposure to asbestos. The hearings are a normal procedure when there is potential for a government to be sued.
DePalma and Frank Miller, a Syracuse lawyer representing Cayuga County, had scheduled the first hearing Sept. 6 but it was adjourned.
DePalma had thought Miller would question all the claimants, but found out Miller would only be questioning Anthony Garropy, a former county employee, who was fired from his job following removal of the boiler.
The hearing was adjourned for two reasons, one to try to consolidate time for claimants and attorneys by questioning a number of claimants in one day. DePalma would not disclose the second reason for adjournment.
He has not heard from the county on a new hearing date.
Following the hearings, the county can choose to either pay the claimants, which DePalma says is unlikely, or they can enter into a lawsuit.
DePalma represents a variety of claimants, including BOE employees, former Cayuga County jail inmates and present inmates, as well as members of the public who may have been exposed to asbestos performing their daily job duties, including working at an Auburn landfill or mail-carrying.
DePalma has been asked if this case could become a class action lawsuit, but he said it can't because all the claimants are on a different footing.
“My claimants can't all be grouped together, situations for county employee exposure is different than for jail inmates,” DePalma said.
Staff writer Kristina Martino can be reached at 253-5311 ext. 238 or kristina.martino@lee.net
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