Outdoor sealant used indoors caused brain damage, suits claim

Kelly Holleran Mar. 26, 2009, 5:18am

At least three residents have filed suit in Madison County Circuit Court against three corporations over injuries they say they received after a flooring company placed a toxic outdoor floor sealant on an indoor floor.

In the complaints filed March 24, Merri Bogard, Valerie Furlow and Tallauah Todd claim the outdoor sealant TIAH can cause headaches, drowsiness, dizziness, loss of coordination, fatigue, loss of memory, loss of intellectual ability, brain damage, lung damage, respiratory irritation, gastrointestinal irritation and skin irritation.

Despite the knowledge of the health risks the sealant posed, Clark Properties hired Titan Contractors on April 20, 2007, to apply concrete sealant to flooring belonging to Imperial Manufacturing Group, one of its tenants, the complaints say.

The plaintiffs, who worked at American Water Resources Company, which is adjacent to Imperial Manufacturing Group, had no knowledge the sealant was applied to the concrete floor in the neighboring building, according to the suits.

They were exposed to the toxic sealant while performing work duties on April 24, 2007, they claim.

In addition to their injuries, the plaintiffs claim they incurred medical expenses, suffered great pain and discomfort and lost great gains they would have realized, the complaints say.

In the three-count suit, Clark Properties, Titan Contractors and Alton Center Business Park are named as defendants.

The plaintiffs are seeking $150,000 each, plus costs.

Dexter J. Evans of Woodruff and Johnson in Aurora will be representing them.

Madison County Circuit Court case numbers: 09-L-0295, 09-L-0296 and 09-L-297.

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