Freemansburg Elementary School mold case moving into federal court

[Guest guest]

http://www.mcall.com/news/local/all-b5_4basdsep17.story?coll=all%2Dnewslocal

%2Dhed

September 17, 2002

School mold case moving into federal court

By Genevieve Marshall

Of The Morning Call

The Bethlehem Area School District will have its day in court to try to win

back $1.5 million it spent when a leaking roof caused mold and forced

children out of Freemansburg Elementary School for nearly a year, a district

official said Monday.

It has been two years since mold was found growing in the 501 Monroe St.

school in the summer of 2000.

The school district paid most of the costs associated with ridding the

school of mold, relocating students to another building for the 2000-01

academic year, replacing contaminated books and furniture and restoring

Freemansburg for the children's return.

Bethlehem Area has sued at least six companies, and none has offered to

settle, said Stanley Majewski, director of business affairs.

Getting a May 19 hearing in federal court was ''the first real progress

we've made in getting our money back,'' Majewski told school board directors

Monday at their Finance Committee meeting. ''It's been a slow process, one

that could take several more years to complete.''

Majewski said he didn't know the name of the judge assigned to the case.

In April, the school district filed a lawsuit in Northampton County Court

against White Brothers Construction Inc. of Reading, which was awarded a

$325,000 contract to replace portions of Freemansburg's roof. The suit also

named two companies that received subcontracting work from White Brothers -

ph Miorelli & Co. of Hazleton and Shippe Mechanical Inc. of Bristol.

The school district filed another lawsuit in June, suing Nautilus Insurance

Co. of sdale, Ariz., sdale Insurance Co. of sdale and

Commonwealth Insurance Co. of Bala Cynwyd. The complaint said the three

companies were White Brothers' insurers and failed to pay claims for the

damages to Freemansburg Elementary.

Majewski said he was pleased that the case has been brought to federal court

because it opens the possibility that the school district can win punitive

damages.

Freemansburg students missed the first few days of school when officials

delayed the opening because tests found a small amount of stachybotrys

chartarum mold, a fungus that can causes rashes and respiratory problems.

Classes were moved to the Bethlehem Steel Corp.'s former headquarters at 701

E. Third St. in south Bethlehem while cleanup and repairs took place.

Despite plans to open the school by November, students finished the year at

the makeshift school they called ''Freemansburg South.''

genevieve.marshall@...

610-861-3637

Copyright © 2002, The Morning Call