Jon Campisi Jul. 6, 2012, 8:35am

A Bucks County woman has filed a personal injury claim against a construction company

that was working on building a new Wal-Mart store in Springfield, Pa., alleging she became ill after breathing in toxic fumes near the worksite.

Tracey Davis-DeLoatch claims in her civil filing that on April 18, 2011, while attending the Anthem Institute at 400 S. State Road in Springfield for medical assistant training, she became sick after being exposed to toxic chemicals at the construction site, which was adjacent to the Anthem Institute.

The woman had been exposed to the toxic chemicals emitting from the worksite twice during the months of April and May 2011, the suit claims.

The lawsuit, which was filed June 27 at the Philadelphia Court of Common Pleas by Philadelphia attorney Joseph Chaiken, names as defendants Upper Darby, Pa.-based A&E Construction Co., Drexel Hill, Pa.-based Ford Brothers Electric Co. Inc., Marple, Pa.-based Marple APC Associates LP and Wal-Mart Stores Inc.

The complaint accuses the defendants of negligence for being aware of the presence of toxic chemicals on the premises, but doing nothing to minimize the risk and effects on people who are exposed to such chemicals.

“Defendants had various duties with regard to toxic chemical contamination at the subject premises, including the duties to inquire into the presence of toxic chemicals at the subject premises and to repair or remove same, which duties were imposed by law …,” the lawsuit states.

The lawsuit says that the defendants had a duty to inspect the worksite for toxic chemical contamination after receiving notice of its presence.

The defendants’ combined negligence, the lawsuit alleges, included allowing a dangerous and harmful condition to exist at the site, failing to clean up the toxic chemical contamination and failing to warn the plaintiff of the harmful condition.

As a result of her exposure, the suit claims, Tracey Davis-DeLoatch suffered physical and mental injuries, bodily and brain injuries, experienced pain and suffering, has been obligated to undergo medical attention, has incurred expenses related to her treatment and has suffered a loss of life’s enjoyment.

For each of the counts listed in the complaint, the plaintiff seeks compensatory and punitive damages in excess of $50,000, plus interest, incidental and consequential damages, attorneys fees and costs.

There is also a loss of consortium count alleged by the plaintiff’s husband, Derek DeLoatch.

A jury trial has been demanded.


The case ID number is 120603520. 

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