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Second suit filed over Wal-Mart PCB contamination

September 25, 2014

A second lawsuit has been filed as a result of toxic contamination discovered at an Indianapolis Wal-Mart return center.

Attorneys at Cohen & Malad PC filed a proposed class-action complaint Sept. 19 in Marion Superior Court on behalf of 600 workers who were informed last month of the presence of polychlorinated biphenyls, or PCBs, at the facility at 3333 N. Franklin Road.

Named plaintiffs in the case are Brandon Smith-Cushingberry, Randall Moore and Shayla Majors-Smith, each of whom worked at the warehouse.

The suit was filed two days after an initial suit was filed by Price Waicukauski & Riley LLC stating similar claims. Employee Tammy Longest is the named plaintiff in that suit, which also seeks certification as a class action.

The initial suit seeks a court-supervised PCB surveillance program, ongoing screening and monitoring of the class members, associated costs and attorneys fees. The second suit seeks compensation for any injuries resulting from exposure.     

The suits say the facility closed Aug. 20 and employees were informed Aug. 25 of the presence of PCBs. The toxins are carcinogens, and exposure above background levels in the environment may increase a person’s risk for serious diseases. The chemical has been banned since 1979.

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