Two new defendants OK'd in school asbestos case

By Susan Vela, The Cincinnati Enquirer

A federal judge said Monday that it was OK for attorneys who have filed a lawsuit against Covington Independent Schools to include two additional defendants in the case stemming from asbestos exposure at Latonia Elementary School.

Steven Titmas of Rims of Akron, Ohio, and Gryphon Technologies of Crescent Springs may be the new targets in the amended complaint, according to attorney Charles Schaffner.They would join Covington schools, Nor-Com Inc. of Hebron and Rainbow Home Environmental Services Inc. of Anderson Township as defendants.

Contractors were installing wiring last fall when asbestos, a cancer-causing fire retardant, was loosened. Latonia Elementary School was closed for three weeks, and students attended class at Northern Kentucky University's Covington campus.

The new complaint also will allege that the students' civil rights were violated because they had no choice but to attend a school where they were exposed to the asbestos.

"This incident cut through all strata of society," said Mr. Schaffner, one of the attorneys seeking "class action" certification in the case so that the litigation covers all Latonia Elementary School students, staff and visitors who were in the building at the time of the asbestos exposure.

Meanwhile, U.S. District Judge William O. Bertelsman agreed to accept the amended complaint at a Monday hearing - despite the fact that he was supposed to consider the school district's motion to dismiss the case instead.

School district attorneys are contending that Covington Independent Schools should have immunity from the asbestos litigation and that the Kentucky Board of Claims, which is part of the Kentucky Public Protection and Regulation Cabinet, is the proper venue to settle the case.

The Board of Claims, though, has told the plaintiffs' attorneys that it would not handle such a matter.

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