Former teacher, student sue over mold

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March 31, 2009

Former teacher, student sue over mold

By Davin White

Staff writer

ton Gazette - WV, USA

http://sundaygazettemail.com/News/200904013792?page=1 & build=cache

CHARLESTON, W.Va. -- A former teacher and a student at Middle

School have sued the Kanawha County school board, alleging that problems with

air quality and mold at the school last year made them sick.

Teacher Pamela Lawson said only five days after she went back to work in August,

she felt sick and had " flu-like " symptoms, according to a complaint filed

Thursday in Kanawha Circuit Court.

A few days later, Lawson was so ill she could not get out of bed and sought

medical attention, according to the lawsuit.

She attempted to return to work on Sept. 11, 2008, but was still sick. She told

her principal she would not be at school the next day because she had a doctor's

appointment. The principal allegedly told Lawson, " Make sure you tell the doctor

that you have been exposed to mold. "

Lawson's physician advised her to remain off work for a couple of weeks. Later

that month, she was hospitalized, lost the ability to breathe many times and

feared death, according to the suit.

She was diagnosed with chronic eosinophilic pneumonia caused by exposure to

mold, and remains on oxygen in order to function, according to the suit.

Jim Withrow, general counsel for the school board, had not seen the lawsuit but

does not believe Lawson has a claim. Withrow cited state law and said that

because the arguments fall under workers' compensation, a governmental employee

does not have a claim to a civil action.

The lawsuit alleges that the principal reported the problems to

county school officials, who " willfully ignored the reports " and failed to warn

students or employees of the potential dangers or shut down the school. The

principal had sent work orders to the maintenance department, but they were

denied, the suit alleges.

ton attorney , who represents Lawson and a former student at

the school, was not available late Monday afternoon. The suit names the school

board and Superintendent Ron Duerring as defendants.

The student, identified as the daughter of Myesha McNeil, became ill about one

week after classes started. She had a class in Lawson's room and was also

" exposed to mold throughout the school, " according to the lawsuit.

The student, who eventually transferred to another middle school, sought medical

attention and has allegedly suffered a variety of ailments.

The suit alleges that during August 2008, school officials were aware of visible

mold growth on walls, ceiling tiles and fabric chairs. An air conditioning unit

had been broken down for a year before the fall of 2008 but had not been

repaired, the suit alleges. Last summer, a second air conditioner in the school

shut down and the mold problem became worse, according to the suit.

In January, Kanawha County facilities planner Chuck said school officials

planned to replace several heating, air conditioning and ventilation units at

Middle. Roof drains have since been installed to keep water from

building up on the roof.

In September, Kanawha County health inspectors found multiple roof leaks and a

heavy accumulation of dust throughout the school. Anita Ray, environmental

health director for the Kanawha-ton Health Department, said at the time

dust needed to be cleaned up and might have circulated mold spores.

Staff writer Clevenger contributed to this report. Reach Davin White at

davinwh...@... or 304-348-1254.