The Pittsburgh Board of Public Education will continue to face an asbestos lawsuit brought by the estate of a teacher diagnosed with mesothelioma.

A panel of the Commonwealth Court of Pennsylvania stated that a trial court was correct in denying a request for summary judgment from the Board of Public Education of the School District of Pittsburgh.

The appeals court said the plaintiff sufficiently alleged that dangerous conditions at a PBE facility substantially contributed to the teacher’s development of mesothelioma and her ultimate death.

Summary judgement in PBE’s favor would therefore not be appropriate, the court concluded.

Husband Claims Wrongful Death for Teacher Diagnosed with Mesothelioma

The asbestos mesothelioma lawsuit was filed by the estate of the late teacher, who died in 2013. The teacher diagnosed with mesothelioma was Marianne G., who allegedly inhaled asbestos fibers during her time as a math teacher at South High School during the 1958 to 1959 school year.

Filed by Marianne’s husband John G., the asbestos mesothelioma lawsuit also names as defendants 40 corporations that allegedly provided asbestos materials for the school’s pipe coverings.

These asbestos pipe coverings reportedly covered steam and water pipes located in hallways, stairways, and classrooms across the school.

Asbestos dust from these materials was what ultimately left the teacher diagnosed with mesothelioma, according to John.

On appeal, the PBE claimed it was shielded by governmental immunity. It argued that it could not be responsible for providing Marianne with a safe place to work because that particular responsibility is not covered by any of the exceptions to the Pennsylvania Tort Claims Act.

Furthermore, the school board tried to argue that there was no reasonable way for them to know in 1958 that asbestos was present in the building, and that the board had no way to discover the dangers before the teacher was exposed.

The appeals court rejected those arguments. The court said a public employer has a common law obligation to guarantee a reasonably safe work environment, and that includes providing and maintaining safe structures.

Therefore, the board could be held accountable for the teacher’s mesothelioma diagnosis, since governmental immunity does not cover the conditions that caused Marianne’s exposure, the court said.

“Given the evidence here of PBE’s use of asbestos-containing products in its maintenance …, we conclude plaintiffs sufficiently alleged a dangerous condition of PBE’s utility service facilities and real property substantially contributed to decedent’s mesothelioma and ultimate death,” the court said.

The court also noted that whether or not PBE knew about the presence of asbestos was unrelated to the subject of the appeal.

The plaintiff’s attorneys are happy with the court’s decision. They say it will help the grieving family of the deceased teacher. In addition, the court’s decision acknowledged that a significant number of people were exposed to asbestos and that the school board may face even more liability.

The Asbestos Mesothelioma Lawsuit is Case No. 625-CD-2016 in the Commonwealth Court of Pennsylvania.