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http://www.brownsvilleherald.com/sections/archive/topstoryjmp/10-18-02/News4

..htm

October 18, 2002

BISD officials won't talk about molded schools

Remediation eventually to come

By Criselda Valdez

The Brownsville Herald

Brownsville Independent School District officials, along with an architect

and engineering firm consultants, on Thursday toured two schools that have

been closed since January due to mold problems.

BISD facilities administrator Tapia said he, BISD maintenance

administrator Vasquez and consultants from Engineering and Fire

Investigations toured Aiken Elementary and Besteiro Middle School refused to

talk about the conditions of the public schools.

The BISD board of trustees hired the Houston-based architect and engineering

firm Tuesday night to assist the district in mold remediation and

renovations at the two adjacent schools.

Tapia said he anticipates a proposal on remediation plans by next week.

According to information supplied by the BISD public information office,

Engineering and Fire Investigations has worked on approximately 75 projects

requiring indoor air quality work and mold services in the past year.

Hiring the firm is the first step the district has taken toward cleaning up

the schools since they were closed in January, after mold was discovered in

the joint library and other areas.

In November, nearly 100 plaintiffs filed a lawsuit against the architects,

engineers, air conditioning contractor and general contractor for Aiken and

Besteiro.

Since then, the number of plaintiffs has soared to nearly 600, plaintiff

attorney Zavaletta said.

Zavaletta said the case last went before 197th State District Judge Migdalia

on Sept. 16.

" The court allowed all of the defendants to serve a total of 30 additional

interrogatories that all plaintiffs need to answer within 30 days, " he said,

adding the questions were served on Sept. 30. " We are in the process of

answering and serving those answers to attorneys. "

Zavaletta said the questions " have to do generally with exposure to a

variety of offending stimuli, including pesticide, asbestos, any other

exposure to occupational hazard. "

He said the defendants are trying to determine whether they were exposed to

other stimuli that might account for the symptoms.

" The court also accepted, in principal, the plaintiff's suggestion that a

bellwether group be selected from the nearly 600 total plaintiffs, " he said.

A bellwether group consists of a percentage of the population of the

plaintiffs to represent the large group. An example would be if 10 children

had symptoms of asthma, one would be selected to go to trial as a

representative of the group experiencing similar symptoms. Zavaletta said

will have the discretion to determine how and who will select the

group.

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