She said the newly submitted testimony was not different enough from evidence provided earlier to warrant setting aside the decision another judge made earlier this year.
The Executive Complex Building at 1010 Second Ave. in downtown San Diego, was a city-leased property that was renovated five years ago. Superior Court Judge Katherine A. Bacal has denied a request from lawyers representing dozens of San Diego city employees whose initial lawsuit claiming they were wrongly exposed to asbestos was dismissed last spring.
Lawyers for the employees, who say they were exposed to asbestos while working in leased city office space during renovations several years ago, argued that new information should be considered by the court. “For the reasons stated, plaintiffs’ motion to set aside the judgment is denied,” the three-page decision says. “Plaintiffs’ motion for reconsideration of the order granting summary judgment is off calendar.”“Thousands of documents show San Diego officials made city office workers remain at their stations over a six month period, while 40 tons of asbestos-containing material was removed from in and around their desks,” attorney Michael Aguirre said.
The complaint said the city failed to protect employees from asbestos during renovations of the property. They asked for monetary damages and future medical costs related to potential future illnesses.
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