Naples Daily News, By KRISTEN ZAMBO

Teachers and other staff say they were exposed to so much toxic mold and other harmful substances in Lee County schools that some want to band together against the district in a class action lawsuit.

Some of the nine Lee County School District teachers or staff testified Tuesday before Lee County Circuit Judge William C. McIver in their quest to turn their 2002 civil suit into a class action case. Their suit contends that while working in at least five specific schools, they all suffered health problems — some requiring surgeries — because of hazardous exposure to toxic mold, asbestos, mildew, carbon dioxide and lead-based paint.

"There are over 8,000 employees of the (district)," teachers' attorney Marcus Viles told McIver. "Their claims are, in fact, typical of people who have suffered similar harm. The claims all stem from indoor air quality problems."

Of the staff suing, two worked at San Carlos Park Elementary School, two at Spring Creek Elementary in Bonita Springs, two at Estero High School, and one who worked at both Mirror Lakes Elementary in Lehigh Acres and Pinewood Elementary in Estero. Former district safety director Ernie Scott, who won $400,000 in a federal civil suit Nov. 8 against the district for eliminating his job because he reported school safety hazards, also is suing in this case. He says he was exposed to hazardous asbestos while performing safety checks at the buildings.

After the two-day hearing ends today, McIver is expected to decide whether their case should become a class action suit, which would allow more staff members to join their suit instead of filing separate lawsuits against the district.

Nancy Stewart, a fifth-grade teacher at Spring Creek Elementary, testified Tuesday that she started becoming sick in 1994, and her symptoms increased in 1996. Mold in her classroom and throughout portions of the school became so hazardous, she said, she moved into a portable classroom outside of the building.

Suffering from a mold infection, asthma, and other upper respiratory illnesses, she's undergone two sinus surgeries and takes at least three medications daily to combat symptoms. Other staff, not involved in the suit, have suffered air quality-related illnesses as well, she said.

"The only problem I have is when I go back in," Stewart said. "In my (former) classroom, you could visibly see mold at the top and they painted over it and the mold came through. I came back."

School district attorney John Lewis said the case shouldn't be opened to more plaintiffs because staff throughout the district weren't exposed to the same problems. He said staff have the right to file workers' compensation claims and their own lawsuits. But by using a workers' compensation system, the district shouldn't be held liable again in court.
"The statute says if you have a workers' compensation system you have exclusive liability," Lewis said.

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