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Lawsuit says
Kanawha,
West Virginia,
school board ignored mold problem
4/13/2009
By
Justin Anderson
-Kanawha Bureau
CHARLESTON, West Virginia - The mother of an Andrew Jackson Middle School
student and a teacher are jointly suing Kanawha school officials over
sickness they say is related to mold at the school.
Pamela A. Lawson and T.M., a youth, by and through her mother Myesha
McNeil filed a lawsuit March 26 against the Kanawha County Board of
Education and Superintendent Ron Duerring.
Lawson and T.M. both have gotten sick from mold in the school, a problem
ignored by school officials, the complaint says.
The complaint says the mold problem began when one of the air conditioning
systems at the school broke down prior to the 2008-2009 school year and
wasn't repaired. A second air conditioning system broke down in the summer
of 2008, the complaint says.
The plaintiffs claim school board officials were aware of the problems,
but failed to fix them and opened the school for the current school year.
Lawson reported to work on Aug. 21 and four days later fell ill with
flu-like symptoms, the complaint says. She continued to feel sick until on
Aug. 28, she was too ill to get out of bed. Lawson sought medical
treatment on three occasions in early September, the complaint says.
She tried to come back to work on Sept. 11, but was too sick and told the
principal she would not be coming to work the next day. The principal
allegedly told Lawson to "make sure you tell the doctor that you have been
exposed to mold."
Lawson said she was ordered by a physician to remain off work until Sept.
25. She was then hospitalized from Sept. 29 to Oct. 4, the complaint says.
The severity of her illness caused her breathing problems that, at times,
made her afraid she was going to die, the complaint says.
Lawson is now required to be on oxygen because of the illness, the
complaint says.
T.M., a student of Lawson's, also became ill and had to seek medical
attention. Eventually, she transferred to another school, the complaint
says.
The lawsuit claims that the defendants were aware of the mold problem, but
concealed it from the public, students and employees of the school.
In addition to compensatory and punitive damages, the plaintiffs are
asking the judge to order school officials to have each school tested for
mold by an independent company chosen by the court.
Cynthia E. Evans is representing the plaintiffs. The case is before
Kanawha Circuit Judge Charles King.
Kanawha Circuit Court case number: 09-C-536
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