2 officials added to Summit suit
PITTSBURGH — The names of two former Butler School District officials have been added to the lawsuit seeking damages for lead exposure at Summit Township Elementary School.
The original complaint named the district and former superintendent Dr. Dale Lumley as defendants.
In an amended complaint filed in U.S. District Court Friday, former assistant superintendent of elementary education Mary Wolf and former maintenance supervisor Glenn Terwilliger, who also was the district’s water operator, were added as defendants.
The lawsuit, which is intended as a class-action suit, was initially filed Feb. 7 by attorneys with Dallas W. Hartman P.C. and Meyers, Evans, Lupetin and Unatin on behalf of district resident Jennifer Tait, whose daughter attends Summit school, and “all other similarly situated individuals.”
Some wording in the claims of the complaint have been also changed slightly. In the preliminary statement, and throughout the complaint, references to contaminated water have been amended to mention not just lead but also copper.
The complaint accuses the four defendants of knowing that the elementary school’s water contained toxic levels of lead and copper and not acting in accordance with governmental regulations and in the best interest of student safety. They are also accused of conspiring with one another.
Attorney Brendan Lupetin said Monday that based on the school district’s internal investigation and the fact that they resigned, the plaintiffs believe that Wolf and Terwilliger also are liable.
“These two additional defendants resigned in the midst of all this additional information and certainly, we believe, had to know of the water problems long before they were revealed,” Lupetin said.
The suit is seeking more extensive medical testing and treatment and damages relating to violation of civil rights.
Lumley and Terwilliger’s resignations were approved by the school board Feb. 13 and Wolf’s resignation from the district was approved by the school board Feb. 27.
All three were interviewed by attorney Michael Witherel as part of an independent investigation paid for by the district into why officials did not notify the public or take appropriate action when test results from last August showed elevated lead and copper levels in the school’s water. A criminal investigation into the matter is ongoing.
Following the advice of its legal representation in the suit, Burns White, the school board voted March 20 to pay the legal costs for Lumley, who is represented by attorney James Miller of Dickey, McCamey and Chilcote.
District solicitor Tom King said Monday that the district has requested Burns White to advise them on whether the district should also pay legal expenses for Wolf and Terwilliger.
He did not know if they had been served with the lawsuit and if they had legal representation yet.
The district also is being sued by its insurance carriers, the Netherlands Insurance Company and Peerless Insurance Company, which say the district is not covered for legal costs and judgments in the Tait lawsuit.
In a conference Thursday, federal Judge Arthur Schwab said that he intends to make a decision on the insurance lawsuit before the end of May, before proceeding with the Tait lawsuit, King said.
The district has until May 1 to file a response to the Tait lawsuit and until May 2 to file a response to the insurance lawsuit. Another status conference with the judge is scheduled for May 31, according to court records.
