Legal News

Teacher’s Husband Claims Toxic School Construction Fumes Led to Her Death, Sues Contractor

Isha Sharma

Updated

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City of Morro Bay

A pool construction project outside a California classroom is now the subject of a wrongful death lawsuit, after a math teacher who worked there for years died.

Law & Crime reported on Tuesday, August 18, that Edwin Van Fleet has filed a civil complaint against Nadar Inc., the contractor hired to build the school’s aquatic center, alleging his wife, Judith Van Fleet, who taught math at Morro Bay High School, died because of toxic fumes.

Judith, 74, was exposed to toxic dust and diesel emissions during excavation work that began in August 2016, right next to her classroom, Edwin claims.

According to the complaint, filed in San Luis Obispo County, environmental officials had warned ahead of time that construction should be scheduled outside of school hours to protect students and staff.

City of Morro Bay

Workers allegedly proceeded anyway, using “heavy diesel-powered equipment” that generated dust and fumes that seeped into Judith’s room even with the windows shut.

According to the San Luis Obispo Tribune, the teacher reportedly developed a cough, wheezing, headaches and memory problems within days of the work starting.

She sought emergency medical care that September, then returned to class the next day, though the complaint says she struggled to remember her students’ names or follow her own lesson plans.

Her condition worsened over the following years.

Judith was later diagnosed with occupational asthma and a progressive cognitive disorder, and by 2024 she was immobile, incontinent and unable to speak, requiring round-the-clock care, per the outlet. Sadly, she died that August.

City of Morro Bay

A neurologist reportedly linked her decline directly to the 2016 exposure. The lawsuit filed by her husband now seeks damages for wrongful death, negligence and design defect, along with punitive damages.

Nadar Inc. told the San Luis Obispo Tribune last week that it had not been served with the lawsuit. Ryan Pinkerton, assistant superintendent of business services for the San Luis Coastal School District, confirmed to the outlet that Nadar handled the two-year construction project.

“When an employee feels that they are injured at work, they go through the state-mandated workers’ compensation system that is highly regulated,” Pinkerton said in a statement to the Tribune, which was unable to verify whether Judith had filed such a complaint.

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