West Virginia Court Says Employees Can Sue State for Asbestos Exposure

CHARLESTON, W.Va. - Employees of West Virginia University who sued the school after allegedly being exposed to asbestos can continue with their lawsuit despite laws protecting state institutions from such liabilities, a Kanawha County judge has ruled. Sturms, et al. v. University of West Virginia Board of Trustees, No. 00-C-1035 (W.Va. Cir., Kanawha Cty.).

Judge Tod J. Kaufman said Sept. 13 that because asbestos-containing materials are not "pollutants," any coverage exclusions pled by the school's insurers in denying coverage for the employees' claims do not apply to the lawsuit.

Several of the school's staff members sued the school, alleging they …