County workers file suit over asbestos

By Shane M. Liebler / The Citizen

Wednesday, October 31, 2007 9:43 AM EDT

AUBURN - A group of 16 Cayuga County workers filed a lawsuit against their employer Tuesday.
The summons accuses the county of negligence in allowing day-to-day operations to continue in the Board of Elections building despite the illegal removal of asbestos in February 2006.

“I'm accusing the county of gross negligence because of this outlandish, outrageous behavior,” Auburn attorney Carl DePalma said.

The suit argues all 16 employees were unknowingly exposed to cancer-causing asbestos between February and August 2006.

The list of plaintiffs includes Republican Election Commissioner Cherl Heary as well as deputy commissioners Thomas Prystal and Deborah Calarco.

“The acts by the defendant were arbitrary, conscience-shocking, outrageous, egregious and made in knowing violation of numerous constitutional principles as well as federal, state and local laws and regulations,” the summons document states. “The plaintiffs were directed and/or suffered and/or caused and/or permitted to work at the time of the aforementioned exposures.”

Suspended county carpenter John Chick pleaded guilty to violating the Clean Air Act earlier this year for his role in illegally removing asbestos from the building's basement during a boiler replacement project. His sentence is pending in federal court.

The suit contends the employees were denied their civil rights and a safe place to work. In addition, the suit blames the county for injuries and loss of the quality of life for the plaintiffs, who seek actual and punitive damages as well as attorney fees and other costs.

Tuesday's action comes on the heals of a lawsuit seeking damages for six county jail inmates who were forced to work on the boiler removal project. That suit, filed last week, alleges that two African-American plaintiffs were forced to do the dirtiest and most dangerous work.

DePalma said he plans to file another lawsuit before week's end on behalf of members of the public who may have been exposed to asbestos while visiting the Board of Elections in 2006. A class-action suit cannot be filed because of the different levels of potential exposure.

Anthony Garropy, the whistleblower who alerted authorities about illegal asbestos removal, filed a lawsuit against the county Oct. 16. He is asking for damages as well as his job back.

Staff writer Shane Liebler can be reached at 253-5311 ext. 248 or shane.liebler@lee.net

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