Toxic Day Care Contamination Revealed
Jim Sullivan III, a Gloucester County, NJ real estate broker who acquired a contaminated building and rented it out as a day-care center says he did not believe an environmental cleanup was necessary.
According to this report in the Philadelphia Inquirer, he did not tell Kiddie Kollege Day Care operators that the building was once a thermometer factory with a history of mercury spills and vapors.
The statements appear in court records and a deposition Sullivan gave to attorneys who represent nearly 100 children who attended the now boarded-up New Jersey day care.
The Kiddie Kollege Day Care closed in July 2006 after New Jersey inspectors discovered the building’s new use. Testing showed it contained hazardous vapors 27 times the acceptable limit. Mercury beads were detected in cracks and crevices of floors and ceiling joists.
Class-action lawsuits have been filed on behalf of the children and day-care staff. They are asking for payment from Sullivan and local and state government for medical testing.
Some children tested positive for elevated mercury levels. Although the results later came back in an acceptable range, long-term effects of their exposure to the toxin are not known.
The first of several toxic tort injury trials is scheduled for Feb. 18 and will focus on Sullivan’s arguments that he and other family members do not legally own the building because of discrepancies in the paperwork.
The Sullivans also said the township and the state Department of Environmental Protection failed to properly inform them of the contamination. According to the article, the Sullivans believe the building was no longer contaminated when they converted it to a day care.
The Environmental Protection Agency prepared a 2-page report stating that samples of walls, floors, and counter tops found mercury contamination above recommended levels. There were also droplets of mercury on the floor that were emitting vapors.
The operators of the day care, Becky and Stephen Baughman, were unaware of the history of the building. Becky worked at the day care, brought her toddler there, and was pregnant when the day care was shut down.
The families of the children and the staff of this day care have legal rights on this matter. The Sullivans could be held liable for any injuries caused as a result of contamination.
When someone is determined to be legally responsible for injuring someone else, they are liable for the injury, and may be made to pay the injured person compensatory damages. In some cases, punitive damages are also awarded in Pennsylvania toxic contamination litigation. Punitive damages are intended to punish wrongdoers and prevent them from harming others.
The Pennsylvania personal injury lawyers at Cherry, Fieger & Marciano will use their knowledge, their aptitude and their ability in pursuit of obtaining considerable damages for the injured party. Contact a skilled Philadelphia personal injury lawyer at Cherry, Fieger & Marciano today.
