NOTICE OF PENDENCY OF CLASS ACTION

Transcription

1 NOTICE OF PENDENCY OF CLASS ACTION The Jackson County Circuit Court authorized this notice. This is not a solicitation from a lawyer. DO NOT CONTACT THE COURT DIRECTLY. David Elsea, et al. v. U.S. Engineering, et al. Circuit Court of Jackson County, Missouri Case No CV CV If You Were a Missouri Resident and Citizen on May 25, 2010, and You Worked Inside The Jackson County Courthouse, Or Your Civic or Job Responsibilities Required You To Be There For A Period of Time From January 1, 1983 to December 31, 2007, You May Be A Class Member Under A Pending Class Action. This notice is to inform you about a pending class action lawsuit. Please read this notice carefully as you have a choice to make by [Month, DD, 201_] that may affect your legal rights. The lawsuit, David Elsea, et al. v. U.S. Engineering, et al., claims that the Defendants exposed persons to asbestos in the Jackson County Courthouse. The Defendants deny any wrongdoing. TO: All individuals persons who were Missouri residents on May 25, 2010, and: (a) who were employed by the state of Missouri or the County of Jackson and worked inside the Jackson County Courthouse for a period of time exceeding two consecutive weeks or who, because of their duties, were required to work inside the Jackson County Courthouse for a period of more than 80 hours in a year from January 1, 1983 until December 31, 2007 or (b) being a Missouri resident, and as a result of their employment or civic duties were required to spend more than two consecutive weeks (10 days) in the Jackson County Courthouse, or over the course of any given year, were required to spend a total of 80 hours in the Jackson County Courthouse from January 1, 1983 until December 31, 2007.

2 Please read this Notice carefully. If you are a member of either of the subclasses just described, your legal rights will be affected. David Elsea and Jeanne Morgan have sued U.S Engineering and Jackson County, Missouri, alleging that U.S. Engineering and Jackson County exposed persons working or otherwise spending significant periods of time in the Jackson County Courthouse to asbestos as a result of engineering work and construction work conducted in the Jackson County Courthouse. Mr. Elsea and Ms. Morgan contend in their lawsuit that U.S. Engineering and Jackson County did nothing to abate existing asbestos contamination in the Jackson County Courthouse and permitted asbestos fibers to be spread throughout the courthouse through their negligent handling of asbestos materials thus exposing persons in the courthouse to asbestos in violation of the law. Mr. Elsea and Ms. Morgan contend that exposure to asbestos creates a risk of asbestos-related diseases, including asbestosis and mesothelioma. These diseases occur in many cases only after a long period of latency, and are not readily apparent to persons who may be suffering form asbestos-related disease. Mr. Elsea and Ms. Morgan contend that all persons who meet the class definition are entitled to medical monitoring over a period of time to be determined by the Court, to be paid for by U.S. Engineering and/or Jackson County, Missouri. The purpose of the medical monitoring program that Mr. Elsea and Ms. Morgan seek for the class is to permit medical personnel to monitor the health of class members who were exposed to asbestos in the Courthouse to determine whether asbestos related disease has begun and to permit class members to seek treatment. U.S. Engineering and Jackson County will not be required to pay for the treatment, only the testing to determine the existence of asbestos-related disease. U.S. Engineering and Jackson County deny any wrongdoing. YOUR LEGAL RIGHTS ARE AFFECTED, AND YOU HAVE A CHOICE TO MAKE NOW

3 YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT: DO NOTHING: Stay in this lawsuit. Await the outcome. Give up rights to bring your own case. By doing nothing, you keep the possibility of getting the benefits, if any, that may come from a trial or settlement. But, you give up any rights to sue Defendants separately to pay for medical monitoring. ASK TO BE EXCLUDED: Get out of this lawsuit. Get no benefits from it. Keep your rights to bring your own case. If you ask to be excluded and benefits are later awarded, you won t share in those. But, you keep any rights to sue Defendants separately about the same legal claims in this lawsuit. Your options are explained in this notice. To ask to be excluded, you must act before DATE. Any questions? Read all of this notice. PURPOSE OF THIS NOTICE This Notice is given pursuant to Missouri Rule of Civil Procedure and the Order of the Court dated DATE. The purpose of this Notice is to inform you that this class action will affect the rights of all members of the Class in relation to Defendants U.S. Engineering and Jackson County, Missouri. Members of the Class are called the Class Members. This Notice describes your legal rights and what steps you may take in relation to this action. This Notice is not an expression of any opinion by the Court as to the merits of any claims or any defenses asserted by any party in this action. BASIC INFORMATION 1. Why did I get this notice? Defendants records show that you were employed by the State of Missouri or Jackson County Missouri during the class period OR that you were a person whose job or civic responsibilities required you to be in the Courthouse for the exposure period set out in the Class Definition.

4 This notice explains that the Court has allowed, or certified, a class action lawsuit that may affect you. The Court directed that this notice be provided because Class Members have a right to know about the lawsuit and about all of their options. This Notice describes the lawsuit and the legal rights of all Class Members and the deadlines to exercise such legal rights. 2. What is this lawsuit about? David Elsea and Jeanne Morgan have sued U.S Engineering and Jackson County, Missouri, alleging that U.S. Engineering and Jackson County exposed persons working or otherwise spending significant periods of time in the Jackson County Courthouse to asbestos as a result of engineering work and construction work conducted in the Jackson County Courthouse. Mr. Elsea and Ms. Morgan contend in their lawsuit that U.S. Engineering and Jackson County did nothing to abate existing asbestos contamination in the Jackson County Courthouse and permitted asbestos fibers to be spread throughout the courthouse through their negligent handling of asbestos materials thus exposing persons in the courthouse to asbestos in violation of the law. Mr. Elsea and Ms. Morgan contend that exposure to asbestos creates a risk of asbestos-related diseases, including asbestosis and mesothelioma. These diseases occur in many cases only after a long period of latency, and are not readily apparent to persons who may be suffering form asbestos-related disease. Mr. Elsea and Ms. Morgan contend that all persons who meet the class definition are entitled to medical monitoring over a period of time to be determined by the Court, to be paid for by U.S. Engineering and/or Jackson County, Missouri. The purpose of the medical monitoring program that Mr. Elsea and Ms. Morgan seek for the class is to permit medical personnel to monitor the health of class members who were exposed to asbestos in the Courthouse to determine whether asbestos related disease has begun and to permit class members to seek treatment. U.S. Engineering and Jackson County will not be required to pay for the treatment, only the testing to determine the existence of asbestosrelated disease. This lawsuit is about whether Defendants violated the law by permitting Class Members to be exposed to asbestos during the class period. U.S. Engineering and Jackson County dispute these claims, deny that they caused asbestos exposure in the Courthouse and deny any wrongdoing whatsoever.

5 3. Why is this a class action? In a class action, one or more people called class representatives sue on behalf of all people who have similar claims. The people together are a Class or Class Members. The Class Representatives in this case are David Elsea and Jeanne Morgan. One court typically resolves the common issues for all members of the class except for those people who choose to exclude themselves from the Class. Class actions are frequently brought when there are many people who claim to have been similarly affected but litigating each claim individually would be impracticable. THE CLAIMS IN THE LAWSUIT 4. What is this lawsuit about? This notice previously described the reasons for the lawsuit. You can read the Plaintiffs First Amended Class Action Petition at 5. How do the Defendants answer? Defendants deny that they did anything wrong. 6. Has the Court decided who is right? The Court has not decided whether the Plaintiffs or Defendants are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiffs or Defendants will win or lose this case. The Plaintiffs must prove their claims at a trial. 7. What is medical monitoring? The Plaintiffs are asking the Court to require the Defendants to pay for medical monitoring for all Class Members. If there is a judgment or settlement in favor of the Plaintiffs, medical monitoring will permit class members to have periodic physical and other examinations approved by the Court to determine whether the asbestos to which Class Members were exposed has begun to manifest itself as asbestos-related disease. The Defendants will pay the costs of medical monitoring. 8. Is there any money available now? No money or benefits are available now because the Court has not yet decided whether these Defendants did anything wrong, and the Plaintiffs and Defendants have not settled the case. There is no guarantee that money or benefits will ever be

6 obtained from these Defendants. If they are, you will be notified about how to ask for a share. WHO IS IN THE CLASS 9. Am I part of this Class? If you resided in Missouri on or before May 25, 2010, and you (a) were employed by the state of Missouri or the County of Jackson and worked inside the Jackson County Courthouse for a period of time exceeding two consecutive weeks or who, because of their duties, were required to work inside the Jackson County Courthouse for a period of more than 80 hours in a year from January 1, 1983 until December 31, 2007 or (b) were required to spend or actually spent more than two consecutive weeks (10 days) in the Jackson County Courthouse from January 1, 1983 until December 31, 2007, or over the course of any given year, were required to spend a total of 80 hours in the Jackson County Courthouse from January 1, 1983 until December 31, 2007 You are eligible to be a Class Member. 10. I think I am part of the Class. Do I need to do anything else? If you want to remain a part of the Class, you do not need to do anything else. YOUR RIGHTS AND OPTIONS You have to decide whether to stay in the Class or ask to be excluded before the trial, and you have to decide this now. 13. What happens if I do nothing at all? What happens if I do nothing at all? You don t have to do anything now if you want to keep the possibility of getting benefits from this lawsuit. By doing nothing you are staying in the Class. If you stay in and the Plaintiffs obtain a judgment or a settlement requiring U.S. Engineering and/or Jackson County to fund medical monitoring for the class, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the trial, you will not be able to sue Defendants as part of any other lawsuit about the same legal claims that are the subject of this

7 lawsuit. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action. 14. Why would I ask to be excluded? If you currently have or intend to bring a lawsuit against any of the Defendants for medical monitoring, you should exclude yourself or simply do not wish to be bound the any judgment in this case. If you exclude yourself from the Class which also means that you remove yourself from the Class, and is sometimes called opting-out of the Class you won t get any benefits from this lawsuit even if the Plaintiffs obtain benefits for the Class as a result of a trial or from any settlement (that may or may not be reached) between the Defendants and the Plaintiffs. If you exclude yourself, you will not be legally bound by the Court s judgments in this class action and could bring your own suit against the Defendants for medical monitoring. If you start your own lawsuit against any of the Defendants after you exclude yourself, you ll have to hire and pay for your own lawyer for that lawsuit, and you ll have to prove your claims. If you do exclude yourself so you can start your own lawsuit against any of the Defendants, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations. 16. How do I ask the Court to exclude me flass? 15. How do I ask the Court to exclude me from the Class? To exclude yourself from the Class, you must complete and mail a copy of the attached Opt-Out Form to each of the attorneys representing the Plaintiffs and the Defendants at their respective addresses, postmarked no later than DATE. Be sure to include the case name and case number, your name, address, telephone number, and your signature. 16. Do I have a lawyer in this case? The Court decided that the Accurso Law Firm, Bartimus, Frickleton, Robertson & Goza, P.C. and the McIntosh Law Firm will represent all Class Members. Together these law firms are called Class Counsel. They are experienced in handling similar cases against other individuals and companies. More information about these law firms, their practices, and their lawyers experience is available at and Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer.

8 You can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. 19. How will the lawyessrs be paid? 18. How will the lawyers be paid? Class Counsel have been paid nothing so far for the services they have rendered in this case. In addition, Class Counsel have advanced all of the expenses necessary to maintain the lawsuit. If Class Counsel get money or benefits for the Class, they may ask the Court for fees and expenses. You won t have to pay these fees and expenses. If the Court grants Class Counsels request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Defendants. COUNSEL FOR THE PLAINTIFFS Louis C. Accurso Cory Adkins The Accurso Law Firm 4646 Roanoke Parkway Kansas City, Mo Edward D. Robertson, Jr. Mary D. Winter Bartimus, Frickleton, Robertson Overbrook Rd. Leawood, Ks William McIntosh The McIntosh Law Firm 1125 Grand Ave. Suite 1800 Kansas City, Missouri COUNSEL FOR DEFENDANT U.S. ENGINEERING NAMES

9 COUNSEL FOR DEFENDANT JACKSON COUNTY, MISSOURI NAMES GETTING MORE INFORMATION If you have any questions about this Class Action or this Notice, contact Plaintiffs counsel at the above contact information. PLEASE DO NOT CALL THE COURT