St. Charles mold lawsuit won't involve teachers

By Alicia Fabbre, Daily Herald Staff Writer, Daily Herald, suburban Chicago, Illinois newspaper, July 23, 2003

Teachers who worked at St. Charles East High School and claim they became ill from mold at the school won't be able to be part of a lawsuit against the district.

Judge Michael Colwell Tuesday dismissed teachers claims against the district, noting that the proper venue for teachers' claims against the district is a workman's compensation claim.

Claims by students and other contracted employees, such as cafeteria workers, remain in the lawsuit.

A student first filed a lawsuit against the district in March 2001 claiming the mold at the school made her ill. Other students, teachers and school employees later joined the lawsuit. Teachers Rose Mayer and Marilyn Flora were the only two teachers named in the lawsuit.

Attorneys for the students and employees requested class action status to cover anyone made ill by the building. Arguments on that request have not yet been heard by Colwell.

Teachers questioned Colwell's ruling dismissing them from the lawsuit, noting that some teachers ended up leaving the district because they could no longer work at the high school. Others who were made ill have either since retired or died.

However, attorneys noted that the occupational disease act allows for claims to be filed under workman's compensation by employees who say they were made ill by their work environment. George Lang, an attorney for the teachers, said he is uncertain if Colwell's ruling will be appealed or if teachers will begin filing claims.

Teachers complained about health-related problems from the school for more than 10 years before the school's closure in March 2001.

The school was closed after potentially dangerous mold was found growing behind classroom walls. The school re-opened in August 2002 after a $28 million repair and clean-up of the school.

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