BY CINDY SCHROEDER
The Cincinnati Enquirer
COVINGTON -- The Covington school district and independent contractors exposed Latonia Elementary's students and staff to unreasonable danger by releasing asbestos into classrooms, a federal lawsuit filed Friday claims.
The suit, filed in U.S. District Court in Covington, seeks a jury trial and unspecified damages to cover medical tests and counseling for more than 30 students, staff and school visitors represented in the action.
Lawyers also have filed a motion asking U.S. District Judge William O. Bertelsman to certify the suit as a class action, so that it would include all Latonia Elementary students, staff and visitors who were in the building when the asbestos was released.
"My 9-year-old son has asked if he's going to die of cancer," said Melissa Sterling, a 26-year-old Covington parent and one of the lawsuit's plaintiffs. "My 5-year-old daughter just wants to know why she can't go back to school."
Latonia Elementary School has been closed since Sept. 28 because of asbestos problems, and testing continues.
Since Wednesday, the students have been bused to Northern Kentucky University's Covington campus, where they'll carry on their education until at least next week.
Assistant Superintendent Susan Cook and Col Owens, president of the school board, said they could not comment on the lawsuit because they had not seen it.
Two of the lawyers involved in the action -- Tom Beiting and Jennifer Westermeyer -- said asbestos was dislodged from ceiling tiles as workers wired classrooms for Internet access.
Asbestos fiber, often used to insulate and fireproof older buildings, is a hazardous material that can become embedded in the lungs and cause respiratory illnesses and even cancer. Although it does not pose a hazard while contained, its removal is closely regulated to prevent exposure.
"We have a situation where children were required to clean their own desks . . . The concrete dust was literally snowing from the ceiling for at least an eight-day period," Mr. Beiting said.
Besides the school district, defendants include Nor-Com Inc. of Hebron, which was wiring the classrooms, and Rainbow Home Environmental Services Inc. of Anderson Township, which was in charge of cleaning up the material as the work progressed, Mr. Beiting said.
In addition to a baseline medical test for all who were exposed to the asbestos, Mr. Beiting said he wants his clients to get annual blood tests and chest X-rays for an indefinite period to monitor for the presence of asbestos.
The suit also seeks damages to cover counseling, especially for children, Mr. Beiting said.
"You don't want children to be afraid of their school building," he said.
Parents meeting
Parents seeking legal advice or representation on behalf of children attending Latonia Elementary School can meet with lawyers involved in a potential class action lawsuit today.
The meeting will be at the Salvation Army, 1806 Scott St., Covington. Information: 391-3833.
