fly ash

[Wes1212]

What is the name of your state? IL

A power company dumped "graveled a road" with fly ash.

(FYI: Fly ash is a by-product of coal combustion. Coal is burned and the smoke is filtered with electrostatic precipitators. The material "scrubbed" from the smoke is allowed to settle in "ponds" where the water is removed leaving behind a hard "residue". The residue is crushed and then transsported to landfills or used to make "concrete".)

The contents of fly ash is listed by IARC and NTP as a known human carcinogen. It also can also cause autoimmune diseases, tuberculosis, renal diseases, and a host of lung problems.

The road looked nice after they scraped and graded the subsurface then uniformly covered it with the ash and graded it. It looked like a nice white "chat" gravel road.

Fly ash is softer than gravel. After there was traffic on it, alot of it had been reduced to dust. When vehicles drove by, or there was a nice breeze, a cloud of the dust would hang in the air like smoke. It would go wherever the air carried it. The nearby yards, trees, shrubs, peoples gardens, houses and cars, pets and themselves were covered with this dust until it was washed off. I remember mowing my yard and choking on the stuff. This went on for roughly 20 years.

The ACGIH lists a TWA (amount to not be exceeded in any 8 hours in a 24 hour period) for crystaline silica (a major component of fly ash) as 0.05 mg/m. The people living on that road were exposed to that material 24 hours a day, not 8, and in amounts that could probably be measured in grams, not milligrams.

There have illnesses reported by quite a few people who live along that road. Many of them are on the list of illnesses the company's own MSDS sheet says it can cause.

My father was recently diagnoses with lung cancer (non smoking kind), mother with COPD, I have been told that I have early COPD. I was also told that I am young to have a condition like that.

I talked to a lawyer who specializes in toxic tort and connected him with my father. They contracted and then the lawyer referred the case to a larger firm. The larger firm will not work under the contract they have. (lawyers get 40% and pay costs. It was agreed to pay 40% instead of 33% to cover the costs) They now are attempting to renegotiate the contract to 40% and the costs go to the injured.

I called the first atty and asked what was going on. I was told that he can not force the other firm to work for him. He told me that my father will either sign the new contract or write a letter to him saying that he is no longer his lawyer.

My father feels like he is being taken advantage of. He will not sign the new contract and has not excused the first firm. I do not believe there has been much work done on this besides a few phone calls. I hope my father can find good representation in this matter.

I am in the market for a firm that is willing to work for me and my claim against this energy company.

[JETX]

Originally Posted by Wes1212

I hope my father can find good representation in this matter.

So do we.
Thank you for your wonderful post.

[Wes1212]

I lived on the road for about 20 years and was exposed daily by the clouds of dust that would be stirred up.

I saw a doctor who showed me my x-ray and pointed out nodules that said is evidence of damage from it. He said the damage was not extensive yet. the inhaled particles continue to do damage through time. it was not enough damage for the radiologist to see.

My rheumatoid factor is 3000 times normal and I have a host of other problems that is on the list of possible effects.

[moburkes]

Do I have damages?

Apparently, you've answered your own question:

I saw a doctor who showed me my x-ray and pointed out nodules that said is evidence of damage from it.