To: Bill Ulrich who wrote (12865 ) 2/17/1998 6:26:00 PM From: Glenn D. Rudolph Read Replies (2) | Respond to of 22053
***OT** It has always bothered me that government agencies are suing and have won against the manufacturers of asbestos material. I am wondering if I am incorrect in making the statement that many of the architectural plans for schools and office buildings required that the building materials contain asbestos to reduce fire hazard. The companies making these building material obliged and are later liable for their affects. See below. Any thoughts?Attorney General Ryan Seeks Multi-Million- Dollar Recovery From Asbestos Companies PR Newswire - February 17, 1998 13:59 V%PRN P%PRN SPRINGFIELD, Ill., Feb. 17 /PRNewswire/ -- Attorney General Jim Ryan filed a statewide lawsuit today seeking recovery of millions of dollars from 16 asbestos companies for the previous and future clean-up of 400 state buildings. Illinois has spent more than $63 million since 1989 to remove asbestos from hundreds of state buildings and will spend millions of dollars more in coming years. The lawsuit contends that asbestos companies knew or should have known about the health hazards of asbestos when the product was manufactured. "Illinois taxpayers should not be asked to foot the bill for the negligence of these asbestos companies," Ryan said. "My office will seek to make sure the state recovers every last dollar it is able to under the law and that the money is returned to the taxpayers of this state." Ryan stressed that no state buildings pose an imminent threat to public safety because the asbestos is being maintained and monitored. But, as buildings are modified or torn down, the dangerous material must be removed according to state and federal law. Most of the 400 buildings are on the campuses of colleges and universities throughout the state. Also included are major state government structures such as the State Capitol, mental health centers and prison units. The asbestos was installed between 1945 and 1985 on the facades, floors, ceilings and insulation of the buildings, the lawsuit alleges. Asbestos is a known human carcinogen. Inhalation of asbestos fibers can lead to various types of cancer that are often irreversible and fatal. Today's lawsuit, filed in Sangamon County with the governing boards of Illinois universities as co-plaintiffs, alleges that the defendants acted negligently when the asbestos-containing materials were manufactured. According to the lawsuit, health hazards associated with the inhalation of asbestos fibers were documented in the early 1900s and the defendants "knew or should have known of the health hazards from the inhalation of asbestos fibers." Specifically, the complaint cites a series of defects associated with asbestos fibers: -- There was a manufacturing defect in that asbestos fibers were released into the air when the asbestos-containing materials were used correctly for their intended purposes. -- There was a design defect in that the defendants knew or should have known of asbestos health hazards; knew or should have known that alternative designs not requiring asbestos fibers were available and feasible, but failed to market products using the alternative designs. -- There was a warning defect because the defendants, who knew or should have known of the dangers associated with asbestos, failed to warn the plaintiffs of the unreasonable danger. -- There was an instruction defect in that the defendants did not adequately instruct the plaintiffs as to safety precautions that could be taken to minimize the unreasonable danger from asbestos-containing materials. Named as defendants are United States Gypsum Company, Armstrong World Industries, Inc., Asbestos Products Manufacturing Corporation, Asbesto-Spray Corporation, Congoleum Corporation, Conwed Corporation, Domco Inc. Floor Products (Texas), Fibreboard Corporation, Flintkote Company, Inc, GAF Corporation, H&A Construction Corporation, Owens-Corning, Pfizer, Inc., Union Carbide Corporation, United States Mineral Products Company and W.R. Grace Co. Conn. The state already has collected millions of dollars from asbestos manufacturers. The Attorney General's Asbestos Litigation Bureau, since its inception in 1987, has collected more than $9 million from five asbestos manufacturers. More than $5.3 million has been collected during the first three years of the Ryan administration, a 35 percent increase over the previous administration. That percentage should climb to 74 percent with a scheduled $1.5 million payment in July from the National Gypsum property damage trust. SOURCE Illinois Attorney General's Office /Photo: newscom.com or NewsCom, 305-448-8411/ /CONTACT: Dan Curry of the Illinois Attorney General's Office, 312-814-2518/