PITTSBURGH – A longtime Pittsburgh school librarian and teacher now afflicted with mesothelioma has sued the city’s board of education, claiming its negligence in failing to remediate asbestos led her to develop the serious ailment.
Marilyn Bernard of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Aug. 4 versus the Board of Education of the School District of Pittsburgh.
Bernard says she worked as both a librarian and social studies/history teacher in the Pittsburgh school system from August 1959 to January 1966 and then again from August 1974 to June 1998, serving on the staffs of Carrick High School, Perry High School, Schenley High School, Sunnyside Elementary School and Beechwood Elementary School.
During her working tenure spanning 1959 to the late-1970’s, Bernard alleges she was exposed to various asbestos-containing products in the utility systems of the school buildings she worked in, which led her to be diagnosed with mesothelioma in May of this year.
Bernard argues the school district should have been aware of such a dangerous condition and warned her and her fellow staff members accordingly.
In bringing her case forward, Bernard cited the ruling in Tooey v. AK Steel Corporation, since her asbestos-related disease manifested more than 300 weeks after her last occupational exposure to asbestos and thus, does not fall under the auspices of the Worker’s Compensation Act.
For counts of negligence, medical monitoring and both exemplary and punitive damages, the plaintiff is seeking total damages in excess of $35,000, and a trial by jury.
The plaintiff is represented by Janice M. Savinis of Savinis Kane & Gallucci, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-20-008294
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com