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

The Citizens' Say

There are 11 comment(s)

marsha wrote on Nov 1, 2007 7:24 AM:

" PROOFREADER??? Get real, not since the 70s in any newspaper in the country.And guess how many county residents have new heat pumps sitting next to asbestos covered old furnaces that they could not afford to remove from their homes? Ask any heating conmpany person. "

raywa9 wrote on Nov 1, 2007 7:02 AM:

" Stick ther lies th problem, sometimes it takes 20 t0 40 years to find out if u do get it.That is a long time to think about it. "

tome8689 wrote on Nov 1, 2007 7:01 AM:

" This will cost all of us millions in tax dollars. It should cost everyone that currently sits on the county legislature their seats. Vote all of the encumbents out. Get rid of them and the free healthcare for life, that costs all of us! "

raywa9 wrote on Nov 1, 2007 6:58 AM:

" Dan W I was exposed to asbestosis in the 50 s and is showed up in my lungs in 2001. that is how long it takes. "

james_13021 wrote on Nov 1, 2007 5:44 AM:

" No wonder taxes keep going up and up. Fines, lawsuits, incompetance, gross negligance, and a few excessively overpaid workers taking too much of the budget and therefore making alot of seriously underpaid workers. It's like quicksand in this County, and theres no bottom in sight. But what can we do??? "

forrest wrote on Oct 31, 2007 9:50 PM:

" Wait till they take Chick off the payroll, then his slick lawyer will file a lawsuit against the county for his exposure to the asbestoes he illegally removed. "

justaround wrote on Oct 31, 2007 6:15 PM:

" Yes a lot of homes still have asbestos in them, however, it is my understanding that it is harmful when it is disturbed. Hence the laws and training in asbestos removal. And that is what happened in the county building. It was disturbed when Chick told them he would take care of it. "

Dan W wrote on Oct 31, 2007 4:40 PM:

" You mean the "taxpayers" are being sued. I was exposed to asbestos as all of us was. When all brake linings where made of asbestos. Houses even the some of the older homes still have asbestos. Its all greed "

RAP wrote on Oct 31, 2007 2:29 PM:

" Note to Proofreader: "Tuesday's action comes on the heals of a lawsuit" should have been Tuesday's action comes on the HEELS of a lawsuit. Note to Stick: Asbestos-related medical problems (asbestosis, lung cancer, and pleural disease, including mesothelioma) often are not manifested for decades after exposure so the potential harm to those exposed in this case can only be estimated based on the severity of their exposure to asbestos fibers liberated during Mr. Chick's illegal work in the building. Of course, the employees should not have been exposed in the first place. "

justaround wrote on Oct 31, 2007 1:58 PM:

" Honestly, anyone exposed to the flying particles in the air is at risk. Asbestos is no joking matter. The effects from exposure can happen in a weak person quickly or can take a long time to show up. The county officials are to blame for this, John Chick is certainly to blame as he truly knew what he was doing. "

stick wrote on Oct 31, 2007 12:37 PM:

" how do we know that Calaraco and others were harmed by asbestos. They just want something for nothing. "

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