Wrongful Death Claim Blames Construction Site Dust for Woman’s Death

According to allegations raised in a recent lawsuit, the death of a West Virginia woman is being blamed on toxic dust from a construction site. 

The wrongful death lawsuit was brought by Paul H. Wamsley, Jr., who alleges that his mother, Virginia Wamsley, died due to exposure to dust raised during recent construction at the Tucker County Courthouse in West Virginia.

Wamsley was an employee in the county assessor’s office, and is one of four county employees who have filed lawsuits over injuries caused by exposure to the construction dust. The other complaints were brought by Sarah Bowley, Mable Roy and Marine Wolford.

The target of the toxic tort lawsuit is G.A. Brown & Sons, which was contracted to install an elevator at the courthouse. The complaint alleges that the company cut a hole in the side of the building, without making any effort to protect against dust dispersal.

Wamsley allegedly suffered breathing problems immediately after exposure, and was soon diagnosed with pneumonia. The health problems mounted and Wamsley was ultimately hospitalized and went through surgery, but was unable to recover.

The lawsuit indicates that the construction company was negligent and acted recklessly, seeking compensation for the personal injury and wrongful death suffered by Wamsley. The complaint also seeks to force G.A. Brown & Sons to hire abatement professionals to clean up the toxins, asking for a court order forcing the company to control the allegedly toxic dust kicked up by their construction project.

The company began the construction on March 6, and the project is ongoing. The complaint also seeks an injunction to close the courthouse so that it can be thoroughly cleaned of dust and potential toxins already coating the area due to the project.