EMPLOYER'S LIABILITY. $______ CONFIDENTIAL RECOVERY

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Verdicts by Category

ASBESTOS

$67,400 RECOVERY

Asbestos – Environmental law – Renovation

company accused of improperly handling

asbestos cleanup – Alleged violation of

Massachusetts Clean Air Act.

Suffolk County, MA

In this matter, the Massachusetts AG accused a

renovation company of having improperly

handled and disposed of asbestos from an

elementary school. The matter was resolved with

a settlement.

The respondant SERVPRO is a fire- and water-damage

restoration company based in Leominster, Massachu-

setts. The respondant was contracted by the City of

Fitchburg to implement a comprehensive plan to en-

sure asbestos is properly maintained at all city

schools. The incident precipitating this action involved

the removal of asbestos-containing ceiling tiles from

Crocker Elementary School after a burst water pipe

damaged the tiles in several classrooms. In the sub-

sequent cleanup, the respondant allegedly disposed

of asbestos-containing tiles by throwing them out the

second-floor window into a dumpster, as well as

breaking them apart into smaller pieces, in both in-

stances without proper safety precautions. Ultimately,

the asbestos was identified and the school closed for

the remainder of the school year in order to facilitate

asbestos decontamination and cleanup.

The State AG accused the respondant of having vio-

lated the asbestos regulations of the Massachusetts

Clean Air Act through the handling of the asbestos, as

well as failure to recognize that the ceiling tiles con-

tained asbestos, despite an obligation to review avail-

able documentation. The AG further asserted that the

city of Fitchburg had erred in hiring the respondant,

as they were not certified to remove the asbestos. The

State AG sought recovery of civil penalties, as well as

other relief.

The matter was resolved with a consent judgment en-

tered in Suffolk Superior Court, including a monetary

settlement for $67,400 civil penalty. The respondant is

further required to retain at least one employee on

each job site who has been trained in the dangers

posed by asbestos, as well as proper handling

methods.

REFERENCE

Office of Attorney General Maura Healey vs. SERVPRO,

et al., 02-07-22.

Attorney for plaintiff: Louis Dundin of Office of

Attorney General in Boston, MA.

EMPLOYER’S LIABILITY

$420,000 CONFIDENTIAL RECOVERY

Employer’s liability – Worker’s compensation –

Driver slipped and fell at work – Torn rotator cuff

requiring multiple surgeries.

Withheld County, MA

In this matter, the plaintiff employee alleged that

the defendant employer was responsible under a

theory of worker’s compensation for injuries

sustained when the employee was injured in the

course and scope of his employment. The

defendant employer disputed the nature and

extent of the employee’s injuries and disability.

The male plaintiff was employed by the defendant as

a courier for their package delivery service. In March

2019, he slipped and fell while in the course and

scope of his employment and suffered serious injuries

to his dominant arm as a result of the fall. He was di-

agnosed with a torn rotator cuff and cubital tunnel

syndrome.

The plaintiff underwent 2 rotator cuff surgeries due to

the extensive tear to the rotator cuff and he then suf-

fered cubital tunnel syndrome for which he also had

to undergo surgical repair. This was directly related to

the rotator cuff injury.

Theplaintiffwasunabletoreturntoworkinanunre

-

stricted fashion following the incident. He made a

claim to worker’s compensation for injuries and dam-

ages. The defendant employer disputed the nature

and extent of the injuries and permanency alleged.

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