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The Daily Iberian
Friday, September 29, 2006
Court Denies IPSB Appeal
By: Steve Bandy and Randy Louis - The Daily Iberian


The Louisiana Supreme Court has denied the appeal of class action status by the Iberia Parish School Board, Honeywell and Crown Roofing Services in a 2003 New Iberia Senior High chemical exposure case.
The attorney in the class action lawsuit filed against the board, the manufacturers of a roof-sealing compound and the roofing contractor said he hopes a trial date will be set in the near future.

“We recognized this case as a classic set of facts for resolution as a class action from the very beginning,” said New Iberia attorney David Groner, one of the court-appointed class counsels, in a statement released Thursday. The lawsuits are the result of numerous students, teachers and workers who reportedly became ill after inhaling fumes from the chemical Armor Flex, made by Honeywell, Inc., which reportedly seeped into the school through the air conditioning system and openings in the roof during repair work following Hurricane Lili.

“Approximately 1,000 people or more were affected at the school because of this incident,” Groner said this morning. “About 300 of those people have come forward so far and would like to be represented in this case.

“The Iberia Parish School Board has not been very helpful in this case. They are stalling for some reason. I just got the names and addresses of everyone in this incident on Thursday and, in the near future, I will be getting in contact with them.”

The fumes were first reported Sept. 16, 2003. The bulk of the complaints of dizziness, headaches and respiratory problems from students and faculty came three days later, on Sept. 19.

The school board suspended the repair work at that time, and the school was ventilated through the Sept. 20 and 21 weekend. The school passed air quality tests performed by ATC Group Services, a Lafayette firm, however, large ventilating fans remained in the halls and the smell lingered for at least a week following.

Subsequent lawsuits accused the school board and Crown Roofing, the contractor, of failure to “properly respond to the release and take the necessary actions to mitigate the danger ... and/or to timely and adequately warn of the release of toxic and hazardous chemical fumes.”

The plaintiffs claim that, as a result of exposure to the fumes, they not only suffered “serious injuries,” but “live in fear that ... they will suffer continuing adverse health consequences and/or disabling or terminal diseases in the future.”

District Judge William Hunter ruled in December 2004 that those affected were entitled to class action status.

The Iberia Parish School Board, Honeywell and Crown Roofing appealed that decision to the Third Circuit Court of Appeal, which denied the appeal, then to the State Supreme Court.

That last appeal was denied Sept. 22.

“With 10 judges (three from the Third Circuit and seven from the Supreme Court) now having reviewed Judge Hunter’s decision all in agreement with us, it baffles me why the school board would spend tens of thousands of dollars with out-of-town attorneys to fight this obviously correct decision,” Groner said.

In December 2003, the board voted to hire a Baton Rouge attorney specializing in environmental law to take over litigation in the lawsuits.

Attempts to reach the Baton Rouge firm and Iberia Parish Superintendent of Schools Sonny Baudry this morning were unsuccessful, as were attempts to reach attorneys for Crown Roofing and Honeywell.

“We expect that Judge Hunter will now want to move this case quickly to trial now that the appeal delays are over,” stated Groner. “A new trial date will be requested in the very near future.”

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The Daily Iberian
Friday December 30, 2004
Class Action Status for Suit
By: Bobbie J. Clark - The Daily Iberian


Sixteenth Judicial District Judge William Hunter has paved the way for a class action lawsuit against the Iberia Parish School Board and Crown Roofing.
The lawsuit stems from a chemical used by Crown Roofing to help repair the roof of New Iberia Senior High School in September of 2003.

Fumes from the chemical Armor Flex, which is made by Honeywell Inc., seeped into the school through the air conditioning system, causing students and teachers to complain of dizziness, headaches and respiratory problems.

According to Armor Flex's material safety data sheet, overexposure to the fumes may cause permanent liver, kidney, brain and central nervous system damage. It also can cause birth defects, menstrual problems, blood disorders or even cancer.

"This court finds that the questions of law of fact common to the class members predominate over the questions affecting any individual member," Hunter said in his decision. "The court further finds that a class action is superior."

For certification, the class must meet five conditions:

· The class is so large that joinder of all the members is impossible to do.

· There are questions of law or fact common to the class.

· The claims or defenses of the representative parties are typical of the claims or defenses of the class.

· The representative parties will fairly and adequately protect the interest of the class.

· The class is or may be defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of any judgment that may be rendered in the case.

Hunter said the class met all the criteria.

Attorney David Groner said Hunter's ruling clears a "big hurdle," adding he never doubted this was a legitimate class action.

At this point, Groner said he is prepared to move forward to bring this case to trial, if it comes to that.

"I expect a trial date for some time next year," he said. "Because Judge Hunter has expressed the desire to move this case along, I think he'll press to have it as early as possible."

Groner said there could be more than 1,500 claimants in the suit.

"There may be a large number of teachers, students and custodial workers who mayhave suffered damage," he said.

"They can participate in the claims process by coming forward to let us validatetheir claim." He said there is still a possibility for a settlement before the case goes to trial. "If there is a settlement," he added, "people can come forward to participate in the settlement."

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The Daily Iberian
Friday, June 4, 2004
Judge: Release names
By: Bobby J. Clark - The Daily Iberian

FRANKLIN - The judge overseeing the case concerning New Iberia Senior High School's roof ruled Thursday the school board must submit the names of all employees exposed to toxic fumes but not the names of students who were exposed.

Judge William Hunter heard arguments from attorneys representing both the claimants and the defendants, who are the Iberia Parish School Board and Crown Roofing Inc.
"It's clear to me that the employees are witnesses," Hunter said. "There's no excuse for not giving up their names. It's not a privilege issue."

On the other hand, Hunter ruled students and parents still have a right to privacy, adding that may all change when the case goes to trial.

The lawsuit stems from a chemical used by Crown Roofing to help repair the roof of New Iberia Senior High School. Fumes from the chemical Armor Flex seeped into the school through the air conditioning system, causing students and teachers to complain of dizziness, headaches and respiratory problems.

According to Armor Flex's material safety data sheet, overexposure to the fumes may cause permanent liver, kidney, brain and central nervous system damage. It can also cause birth defects, menstrual problems, blood disorders or cancer.

New Iberia attorney David Groner, who is representing several claimants along with attorneys Walter Dumas and Jerry McKernan, said the school board had originally agreed to provide the names of the employees in November of 2003, but as of today, have not done so.

"There's no legal basis to deny us the list," he said. "It's long overdue. This case has been encumbered by not having the list."

He said the school board had concerns about privacy, but in a November letter to school board attorney Wayne Landry, Groner said all names would be kept confidential.

Groner also asked for the names of students who were exposed to chemicals from September to November of 2003.

David Salley, who is representing the school board, argued that Groner's request covers a broad area.

He said Groner is practically asking for the names of all the students who attended NISH during the past school year, adding his request should be limited to the specific days of exposure.

Groner countered Salley's argument by saying students were exposed to the chemical for weeks, with some symptoms cropping back up during the spring, when the weather heated up.

Gary Zwain, who is representing Crown Roofing Inc., said the identities of specific individuals are not needed to determine how many people were exposed.

"They're going on a fishing expedition to find people," Zwain said. "That's not proper. There are those who want to come forward and then there are those who don't want to come forward."

Hunter also met with the attorneys after the hearing to set a case schedule.

"There's no reason the case shouldn't be finished this year," Hunter said. "We want to streamline this case to save money."

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The Daily Iberian
Tuesday, May 25, 2004
Sublclass planned in NISH lawsuit
By: Bobby J. Clark - The Daily Iberian

Lawyers representing complainants in a class action lawsuit against the Iberia Parish School Board and Crown Roofing Inc. plan to create a subclass for school board employees not wanting to sue the school board.

The lawsuit stems from a chemical used by Crown Roofing to help repair the roof of New Iberia Senior High School. Fumes from the chemical Armor Flex seeped into the school through the air conditioning system, causing students and teachers to complain of dizziness, headaches and respiratory problems.
According to Armor Flex's material safety data sheet, overexposure to the fumes may cause permanent liver, kidney, brain and central nervous system damage. It can also cause birth defects, menstrual problems, blood disorders or even cancer.

New Iberia attorney David Groner said he has been contacted by a number of teachers who want to enter the suit but do not want to sue the school board.

As soon as Groner gets a list of those who were exposed from the school board, he said, he will create a subclass for those teachers.

"They can join the class action in a subclass with full confidence that it will not affect their relationship with their employer," Groner said. "They will only sue the other defendants, like the roofer and contractor, and possibly others."
School board attorney David Salley said since still in the early stages of discovery, he still has no comment concerning the case.

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The Daily Iberian
Saturday, September 27, 2003
Fumes worry NISH
By: Shane Marquardt - The Daily Iberian


Ventilation and fans have not been able to cover the concern many parents have with noxious fumes at New Iberia Senior High.
According to parents who have contacted The Daily Iberian, fumes from the chemical Armor Flex have caused some students to experience headaches, shortness of breath and irritated eyes. Megan Delaune, a junior at NISH who had sinus surgery in April, reported to her mother, Claire, that her nose started to bleed during class last week. Claire Delaune has two daughters at NISH, Megan and Elise, a sophomore. Megan was kept out of school for the entire week and Elise just went back to school Thursday for a test after going to the doctor earlier in the week for stomach problems.

"I kept (Megan) out because if the fumes weren't safe for pregnant women, those with sinuses and allergies, it wasn't safe for her," Claire Delaune said.

Since the report of fumes last Friday, there has not been an attendance decline at NISH, said Jean Reaux, principal. The school has a 94 percent attendance rate and the number of students who have checked-out during the day have been consistent with the numbers prior to the fumes - about 25-32 students - said Eugene "Sonny" Baudry, Jr., Iberia Parish superintendent.

The school passed an air quality test Saturday following reports of the fumes Friday, Baudry said. The school has also shut down the roofing project and has told the contractor to come up with a solution before the project can begin again, Reaux said.

"The fumes we are getting now is because the product is curing. It is getting better and we hope by Monday it is much better than it has been," Reaux said.

Jeannine Collins, a mother of two NISH students, Clair and Nicole, says both girls have complained of headaches and chest pains. She said the school should be shut down completely until the fumes are gone.

"I am upset because they didn't inform the parents from the get-go. They should have told us if our children were having any symptoms and here are the symptoms," she said. "As a parent I am mad. They should have closed down the school and they should keep it closed until they had an environmental cleanup for that building because the air is just circulating back through the air ducts."

"We do not have plans to close the building," Baudry said. "We have tried to accommodate those who have been affected by the fumes. The attendance is still at 94 plus percent. It will affect different people in different ways. We can't deprive that large group of students an education. We have done all we can to ventilate the building and relocate students.

"If a doctors say it is the vapor that has caused the problem, then we will work with those students by sending homework home."

Claire Delaune did fax a doctor's note to NISH this week and the school sent Megan's homework home. But Claire said she has had to pay a tutor to help Megan with math while she is out of school

"It is more than just getting an excused absence," she said.

Clair Collins, a junior at NISH, said she has not only had headaches and chest pains, but trouble breathing at school. She has been out of school this week and has been using an asthma machine since Thursday to help clear her airway, said Jeannine Collins, mother.

"My child does not have asthma. The doctor told me to keep her out of school for 2 to 3 days," she said.

Adds Clair Collins, "I have never had problems in the past. But in the past week things have started to trigger. Not only breathing problems but headaches. When it first started, I started getting nauseated. Being out of school has definitely helped."

Baudry said it has been a small percentage of students affected by the fumes and the news coverage of the fumes has played a role in absentees.

"I have been to school everyday talking to students and teachers. The students are laughing about this saying there is nothing wrong with the school. I have talked to 100 students there. Every time there is a class change I go and ask them how things are going. They are laughing over all this attention," he said.

Clair Collins said she disagrees.

"I think he needs to go in the school the whole day and see how he feels," Clair Collins said. "He needs to put his office in this school for a whole day and see how he feels."

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The Daily Iberian
Thursday, October 9, 2003
NISH fumes change board policy
By: Steve Bandy - The Daily Iberian

Controversy surrounding reports of noxious fumes at New Iberia Senior High School will change the way the Iberia Parish School Board contracts out roof work in the future.
Two class action lawsuits have been filed against the board and Crown Roofing Inc. in the wake of the mid-September incident in which faculty members and students reported headaches and nausea caused by fumes from a chemical being used to repair the NISH roof. "It will not happen again," said Gerald Gesser, architect for the board, during Wednesday night's meeting of the School Board. "We will probably do something else in the future - same material, same process, different schedule."

Gesser told board members that this particular roofing method, which uses Armor Flex, a bonding substance, has been used "for about 15 years" on various school board buildings, including the administration building in which Wednesday night's meeting was held.

"The problem as I see it," said board member Blaine Meche, "is that NISH is totally enclosed. Once these fumes got into the building, they were just ventilated back through the air conditioning system."

Rita Holmes agreed. "We need to look at the construction of the building when we're planning future work."

Gesser said he and board officials, including Superintendent Eugene "Sonny" Baudry, had been at the high school "for most of the past four or five days," evaluating the situation and planning completion of the work yet to be done.

"The School Board had (air quality) tests conducted in the school Saturday and we're planning additional tests," Gesser said. "I can tell you that the smell is virtually gone."

The architect said the test results are expected within the next four to five days "and when they're in we will be able to give you some direction."

Gesser estimated 10 to 12 days of work remain to complete the project.

Meanwhile, local attorney David Groner, one of the two who filed class action lawsuits, told The Daily Iberian Wednesday afternoon that "people are coming in daily to sign up" as plaintiffs.

Groner also conducted air quality tests at the school this past Saturday and said he expects to have his preliminary results in by the end of this week. He has also consulted with Dr. Patricia Williams, who he touts as "one of the leading toxicologists in the state," concerning the effects of the exposure to the chemical fumes.

The fumes were first reported on Tuesday, Sept. 16. However, the bulk of complaints from students and faculty came on the following Friday.

"When we heard about the complaints we had the work shut down by noon that Thursday," Gesser said. "We took immediate action."

The fumes were determined to be from the chemical Armor Flex, which can cause eye and skin irritation and can also cause headache, dizziness, nausea, drowsiness and irritation to the respiratory system, according to the chemical's own warning label.

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The Daily Iberian
Tuesday, November 18, 2003
NISH Fume Lawsuits Combined
By: Steve Bandy - The Daily Iberian

The two class action lawsuits that have been filed against the Iberia Parish School Board and Crown Roofing Services Inc. have been consolidated.
Judge Ann Simon, sitting in place of Judge William Hunter, signed the order late last week in 16th Judicial District Court.

David Groner and his law firm has been appointed as interim class counsel for the lawsuits, according to Simon's order.

As interim class counsel, Groner will be responsible for developing and prosecuting the case for the prospective class, including those who have hired attorneys and those that have not hired attorneys. "It will give me the chance to properly manage the suit," he said.

Charles Calahan, the New Iberia attorney who filed the first lawsuit on Sept. 22, said he favored the court ruling.

Usually, when such cases are consolidated, they're consolidated into the first filed, according to Calahan. "David and I talked about this and he's more central to this thing and has the resources. It's just a management-type thing. It doesn't change the lawsuit at all."

Calahan's is a single-attorney firm. Groner and Associates is a three-attorney firm.

"Technically, Mr. Calahan's clients are still his clients, but the case will be tried by this law firm," Groner explained. "He (Calahan) will still work with his clients in proving the damages."

Wayne Landry, attorney for the School Board, also agreed with the ruling.

"I didn't file an objection. It just means that whatever happens, it's one lawsuit," Landry said. "And the court can sever cases in the future if it feels the need to, so this isn't really a significant ruling."

The lawsuits are a result of numerous students, teachers and workers who reportedly became ill after inhaling fumes at New Iberia Senior High School when the roofing contractor applied a sealant on the roof from which fumes were sucked into the air conditioning system of the building.

The fumes at the school were first reported on Tuesday, Sept. 16, however, the bulk of complaints came on the following Friday, which was the last day work was done on the roof. According to the chemical's own warning label (MSDS), it can cause eye and skin irritation and can also cause dizziness, drowsiness, stupor and irritation to respiratory system.

The school was ventilated and an air quality test was performed by ATC Group Services Saturday morning, Sept. 20. The school passed the air quality test.

Subsequent tests also have been conducted at the school and show the air clear of chemicals.

Groner already has hired a toxicologist, Dr. Patricia Williams, and an environmental expert, Dr. Paul Templet, who have been actively conducting studies and reviewing evidence in the case.

"We now have many blood tests that have been conducted which are raising some serious concerns," Groner said. "Unfortunately, the nature of these toxic fumes is such that some people may not show the effects of the damages they have sustained for quite some time in the future. We have girls and teachers who are pregnant and we hope their babies are not affected by these chemicals."

Landry said the School Board has filed responses to the allegations and he expects that "the next step is probably going to be to sit down and share the test results with each other."

Groner said he expects that there may be additional lawsuits field by other lawyers, however, they will likely also be consolidated with this lawsuit. In addition, Groner indicated that the actions presently filed likely will be amended to include other responsible parties.

"I expect a couple of thousand claimants easily. I may bring another law firm in to help," Groner said. "I look forward to now working with all possible claimants, including not only students, but teachers, custodial workers, administration staff and all others who have been affected by breathing the toxic chemicals that were pumped into the air conditioning system."

The attorney added that he plans to file a discovery motion asking that the Iberia Parish School Board provide him with names and addresses of all persons who may have been affected - that includes students, faculty and staff - so that a comprehensive survey can be conducted to determine how many people may have suffered and how seriously they have been affected.

"We would probably object to something like that," Landry said.

Groner said he expects to begin scheduling depositions of workers, teachers, administration and school board employees.

"Our next step in the class action process will be to have the case certified by the court as a class action," he said. "We are going to have to gather the evidence rather quickly to present to the court on that issue."

Landry said he will be watching that step closely.

"The court has a lot of options on how it structures a class," Landry said. "That can be a very significant thing."

Controversy surrounding reports of noxious fumes at New Iberia Senior High School will change the way the Iberia Parish School Board contracts out roof work in the future.

Two class action lawsuits have been filed against the board and Crown Roofing Inc. in the wake of the mid-September incident in which faculty members and students reported headaches and nausea caused by fumes from a chemical being used to repair the NISH roof. "It will not happen again," said Gerald Gesser, architect for the board, during Wednesday night's meeting of the School Board. "We will probably do something else in the future - same material, same process, different schedule."

Gesser told board members that this particular roofing method, which uses Armor Flex, a bonding substance, has been used "for about 15 years" on various school board buildings, including the administration building in which Wednesday night's meeting was held.

"The problem as I see it," said board member Blaine Meche, "is that NISH is totally enclosed. Once these fumes got into the building, they were just ventilated back through the air conditioning system."

Rita Holmes agreed. "We need to look at the construction of the building when we're planning future work."

Gesser said he and board officials, including Superintendent Eugene "Sonny" Baudry, had been at the high school "for most of the past four or five days," evaluating the situation and planning completion of the work yet to be done.

"The School Board had (air quality) tests conducted in the school Saturday and we're planning additional tests," Gesser said. "I can tell you that the smell is virtually gone."

The architect said the test results are expected within the next four to five days "and when they're in we will be able to give you some direction."

Gesser estimated 10 to 12 days of work remain to complete the project.

Meanwhile, local attorney David Groner, one of the two who filed class action lawsuits, told The Daily Iberian Wednesday afternoon that "people are coming in daily to sign up" as plaintiffs.

Groner also conducted air quality tests at the school this past Saturday and said he expects to have his preliminary results in by the end of this week. He has also consulted with Dr. Patricia Williams, who he touts as "one of the leading toxicologists in the state," concerning the effects of the exposure to the chemical fumes.

The fumes were first reported on Tuesday, Sept. 16. However, the bulk of complaints from students and faculty came on the following Friday.

"When we heard about the complaints we had the work shut down by noon that Thursday," Gesser said. "We took immediate action."

The fumes were determined to be from the chemical Armor Flex, which can cause eye and skin irritation and can also cause headache, dizziness, nausea, drowsiness and irritation to the respiratory system, according to the chemical's own warning label.

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The Daily Iberian
Letter to the Editor
By: David Groner


Dear Editor:

I hate frivolous lawsuits. I am a trial lawyer who represents victims of negligence who suffer damages and I hate it when someone files a frivolous lawsuit. It undermines the many legitimate suits that are filed out of necessity when a person suffers legitimate injuries due to the fault of someone else.

When someone files a frivolous lawsuit, the media is quick to publicize it and make fun of its contents, but when people suffer from damages and have potential serious injuries due to the clear and unmistakable negligence of the roofing contractor and school board, no mention is given in the editorial column of the newspaper.

The frivolous lawsuit mentioned in the Sunday Editorial, was not filed by an attorney, but by a former inmate for inmate grievances. This is nothing new, baseless lawsuits for inmates are routinely filed and routinely dismissed without any mention. Here in New Iberia, we have a much more serious situation that could affect over 1,000 residents, but where is the local concern?

Last week, I sent to the newspaper a letter from one of the leading toxicologist in the State of Louisiana, one who routinely advises local doctors and communities on the health effects of chemical exposure. Dr. Williams has looked at the chemical properties of Armor Flex TM and has warned that this chemical emits fumes that can cause (in addition to the temporary discomfort of headaches, nausea, dizziness, irritation to respiratory system, drowsiness, stupor, eye, skin and stomach irritation) blood disorders, cancers of the liver, bladder, scrotum and lung, reproductive health effects including blood and menstrual disturbances, central nervous system depressants, repository and gastrointestinal toxins, all of which should require immediate blood tests if symptoms develop. She has recommended specific tests so local doctors can monitor patients that are affected.

Where is the concern in the media about these cases? In the New Iberia High School situation, we have people of all ages and conditions (some pregnant, some with ongoing illnesses, some with weak immune systems) who have been subjected to multiple toxic chemical exposures for many hours a day for more than several weeks. We are seeing documented cases of ailments that fit each and every ailment predicted in the Material Safety Data Sheet, a government required warning of the chemical properties of Armor Flex , as well as some of the adverse health consequences predicted by Dr. Williams.

We know for certain that students, teachers, custodial workers and others have been affected by these chemicals, what we now do not know is if any will develop long term, serious diseases, blood disorders, reproductive disorders, nervous system damage, cancer or other serious health problems due to this exposure. People wrongly rely on their sense of smell to determine if they are exposed, but the sense of smell becomes rapidly insensitive to the chemical and therefore odor cannot be relied upon as an indicator of concentration. This again is warned on the Material Safety Data Sheet.

I am more than happy to see a frivolous lawsuit dismissed, but I am more concerned about the more serious health concerns of so many people that seem to be ignored.

Sincerely, David Groner

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