Over four dozen people have filed an asbestos exposure lawsuit against Johnson Controls Inc. and TOCON Holdings Inc., for allegedly exposing the resident of Goshen to serious environmental hazards.

Approximately 56 residents from Goshen have jointly filed the asbestos exposure lawsuit, alleging the fibrous material was released into the area after a Johnson Controls plant was demolished.

In addition, they allege that tons of asbestos contaminated materials were illegally buried on a farm east of the city — putting even more people at risk for asbestos exposure.

The asbestos exposure lawsuit alleges that the owner of the building, Tony Adkins of TOCON, had worked with Richard Swift to demolish the building without following proper asbestos removal protocol. The demolition that reportedly released the dangerous asbestos fibers into the air started in early 2012 and stopped in March 2014.

Adkins allegedly wanted to tear down the building to make the property look more attractive to the Goshen school board, say reports, which was considering purchasing it to construct a softball field.

According to the asbestos exposure lawsuit, the bids to demolish the building indicated that the cost would have been higher than what the property was worth if they followed federal protocol for safe asbestos removal. Adkins then recruited Swift to tear down the buildings, who reportedly agreed to do it for free as long as the company could salvage and sell the scrap.

The asbestos exposure lawsuit further alleges that all parties involved in the demolition were aware of the alleged asbestos contamination, and they conspired to remove all of it for the sake of ensuring the Goshen school board would purchase the property.

However, the asbestos exposure lawsuit contends that Johnson Controls retained access to the building after the sale and remains responsible for the alleged chemical contamination in groundwater at the plant.

The asbestos contamination was allegedly discovered soon after the building was demolished in 2016, after piles of debris were left on the property. After inspection reports found the presence of asbestos, the Environmental Protection Agency initiated an emergency cleanup.

Overview of Asbestos Exposure Problems

Asbestos is a fibrous material that was popularly used before the 1980s for insulation purposes for its fire and chemical resistant qualities. Along with being highly resilient, asbestos was cheap.

For these reasons, asbestos was used for almost every application in construction and is still found in many older homes and buildings today. However, the EPA currently has strict asbestos removal regulations in place to ensure that the fibers are not released into the air.

When asbestos is either inhaled or swallowed, the fibers can become lodged in the lungs or stomach and can lead to serious health problems. Two of the most significant health problems associated with asbestos exposure are mesothelioma and asbestos lung cancer, both of which are caused by asbestos fibers scarring in the lungs.

Mesothelioma is a very rare form of lung disease that forms in the mucus lining, specifically caused by asbestos. Asbestos lung cancer manifests directly in the organ. Both conditions may develop over decades before being diagnosed. This means that patients are often diagnosed at a late stage and will have limited treatment options often leading shortened life expediencies.

This Asbestos Exposure Lawsuit is Case No. 20C01-1810-PL-000253, in the Elkhart Circuit Court.