Court Rejects Toxic Exposure Claims on Immunity Grounds

TOLEDO, Ohio - A federal judge has granted summary judgment to a school district that asserted an immunity defense to toxic exposure claims brought by two metal scrappers who were hospitalized for respiratory ailments after using cutting torches to dismantle unwanted school shelving. Speiker, et al. v. Toledo Public Schools, No. 2:09-CV-798 (N.D. Ohio).

Judge Jack Zouhary of the U.S. District Court for the Northern District of Ohio said in his July 8 order that even if the district had not relied on an immunity defense, the claims would fail on causation grounds for plaintiffs' failure to identify the alleged …