San Francisco Silica Dust Lawyer

Class Action Update

Much like with smoking and asbestos, excessive exposure to silica dust can be dangerous. At Bradshaw & Associates, we are currently representing more than 600 clients in a class action lawsuit that involves the harmful overexposure to silica dust as a result of unorganized and dangerous construction to a San Francisco apartment complex. The following information provides a summary update of material developments in the class action suit. Following the relevant court details is more generalized information regarding silica dust and a capsule history of events underlying the instant litigation.

August 8, 2006 - Plaintiffs file a complaint against Golden Gateway Center LP, related defendants (collectively "Golden Gateway Defendants"), and Alpha Restoration and Waterproofing, Inc. (Edwards v. Golden Gateway Center, LP, et al., Case No. CGC-06-454919, Superior Court of San Francisco), alleging, in regard to defendants' apartment complex balcony repair project in the Dana Building at 550 Battery Street, defendants failed to disclose material information concerning the project, unreasonably interfered with tenants' use and enjoyment of their living quarters, did not ensure that work was done in a workmanlike manner, did not properly hire third parties to do the contract work, and potentially caused tenants to suffer a variety of physical, emotional and financial injuries, including harmful exposure to respirable crystalline silica dust.

October 27, 2006 - Plaintiffs file First Amended Complaint for damages and injunctive relief.

November 15, 2006 - Single assignment of the lawsuit for all purposes to Judge Katherine Feinstein.

December 1, 2006 - Defendants answer First Amended Complaint.

August 3, 2007 - Court order grants Plaintiffs' Motion for Class Certification.

September 28, 2007 - Golden Gateway Defendants file a Petition for Writ of Mandate and/or Writ of Prohibition in the Court of Appeal, requesting the Court of Appeal to set aside the Superior Court's order granting class certification.

November 28, 2007 - Court of Appeal denies Golden Gateway Defendants' Petition, after having reviewed Plaintiffs' vigorous opposition and Defendants' reply brief, and upholds Judge Feinstein's order certifying the class.

January 4, 2008 - Golden Management, LP named as a defendant.

January 28, 2008 - Notice of Pendency of Class Action mailed to all potential class members, i.e. all persons who resided in the Golden Gateway Apartment Complex at the William Henry Dana Building at 550 Battery Street, San Francisco, CA 94111, at any time between April 2006 and October 4, 2007.

February 29, 2008 - Deadline for residents to request to be excluded from the class.

March 28, 2008 - Supplemental Notice of Pendency of Class Action mailed to additional potential class members identified by Golden Gateway Defendants in early 2008.

April 28, 2008 - Deadline for residents who received the Supplemental Notice of Pendency of Class Action to request to be excluded from the class.

June 9, 2008 - First mediation session, with Judge John E. Munter mediating, to discuss settlement of this matter.

October 15, 2008 - Second mediation session scheduled.

Present - Class consists of over 830 individuals.

The lawsuit continues to work its way through the legal process.

For further details and information on important developments occurring in the Edwards case please periodically check this website.

What is Silica Dust, How Can it Harm Me, and How Do I Know if I am At Risk?

Silica dust is an element found in natural materials such as rock and dust. The dust is in concrete, and can be harmful to workers in jobs such as mining or construction, where concrete is broken up and particles are released into the air.

Silica dust is the primary cause of silicosis, which is a lung disease that causes shortness of breath, and it can lead to other serious lung diseases. The disease cannot be treated, but it can be prevented. Silicosis will progress even if the victim is no longer exposed. An estimated 250 American men and women die per year because of silicosis.

Relevant History Concerning the San Francisco Class Action Law Suit

The Edwards class action lawsuit was filed owing to many tenant concerns arising from a substantial amount of silica dust at the Golden Gateway Center apartment complex in San Francisco.

The complex repaired a number of balconies installed in the 1970s and had since eroded. During these repairs, the building managers did not evacuate the tenants or provide alternative housing. Throughout the repairs, the workers were instructed by the San Francisco Department of Building Inspection to use "wet methods," which would decrease the dust, but the landlord and construction companies defied this order. They also did not seal the balcony doors and windows properly, which increased the amount of silica dust entering apartments. The dust and construction made living conditions dangerous and uncomfortable, as tenants were not able to open any windows to gain air circulation.

During the repairs, a number of elderly residents were hospitalized because of bleeding from the nose and throat. According to Cal/OSHA, the maximum daily permissible exposure level for respirable crystalline silica dust containing quartz is .1 mg/m3. When the buildings were inspected, the readings indicated the presence of 55 times the permissible level.

Contact A Silicosis Attorney Today

Silica exposure is a tragedy. If you believe you have been exposed, it is important to consult a doctor. Our attorneys can help if you believe that you have been overexposed. Contact Bradshaw & Associates today for a free consultation regarding your legal situation.

Bradshaw & Associates, P.C.
575 Market Street
San Francisco, CA 94105
Phone: 415.433.4800 | Facsimile: 415.433.4841