Cafeteria worker sues Manchester Essex schools, towns

May 3—MANCHESTER — A Manchester Essex Regional Middle High School cafeteria worker is suing the school district and its member towns because she says was poisoned by carbon monoxide on the job.

The complaint was filed in Superior Court on Wednesday by Manchester Essex Regional School District employee Katie Clark.

In the complaint, Clark alleges negligence by the school district and the towns of Manchester and Essex for "failing to implement basic safeguards and practices to ... detect gas leaks and/or the presence of carbon monoxide. ... protect her from a hazardous and unsafe workplace, which included exposure to carbon monoxide; and .. engage the professional services of a company to inspect the premises, conduct carbon monoxide readings, and repair gas leaks promptly."

Clark is seeking compensatory damages, specifically back and front pay, punitive damages, legal fees, prejudgment and post-judgment interest and "such further relief as the court deems fair and just."

She is represented by lawyers Eric LeBlanc and Jillian Guilfoyle of Bennett & Belfort in Cambridge. Neither lawyer could be reached for comment on Friday.

Schools Superintendent Pam Beaudoin said the district is "aware of the complaint" and "can't provide comment on open legal matters." Manchester Town Administrator Greg Federspeil said that the town has not been formerly served. Essex Town Administrator Brendhan Zubricki could not be reached for comment Friday.

The complaint states that Clark began suffering "persistent headaches, dizziness, tiredness and muscle pain/weakness" in October 2018. Nearly a year later, on Sept. 20, 2019, the claim states multiple kitchen staff members began feeling ill.

"While working in the cafeteria kitchen, Ms. Clark and her colleagues began to feel dizzy and nauseous," it reads. "One of Ms. Clark's colleagues experienced such severe dizziness and nausea that she needed to leave the kitchen for fresh air. Ultimately, that same colleague was rushed to the hospital, by ambulance, for treatment. Doctors concluded that Ms. Clark's colleague suffered from chemical poisoning."

Concerns raised

Clark began to suspect a malfunctioning braiser in the kitchen was leaking gas, according to her complaint. Sometime after the September 2019 incident, the kitchen staff brought their concerns regarding the braiser to schools Facilities Manager Jason Waldron and schools Director of Operations and Finance Avi Urbas.

"After learning of the kitchen employees' concerns, Mr. Waldron and Mr. Urbas failed to make any investigation into the alleged gas leak(s) and/or unsafe carbon monoxide levels," the complaint alleges. "Ms. Clark and her colleagues continued to use the malfunctioning braiser and made several complaints to Mr. Waldron and Mr. Urbas about the exhaust fumes and the smell of gas that was coming from the braiser. These complaints were also ignored."

On Oct. 21, 2019, kitchen staff reportedly asked a contractor working on a kitchen refrigerator to test the area for carbon monoxide. The contractor had a CO detector on him at the time, according to the complaint. The test allegedly found "high readings from the carbon monoxide meter," which "confirmed there was an unsafe level of carbon monoxide in the air," according to the complaint.

A little over a week after the contractor's test, Clark took matters into her own hands and bought her own CO detector to work.

"Each time Ms. Clark used the carbon monoxide meter, she received readings that confirmed unsafe levels of carbon monoxide were present in the cafeteria kitchen," the complaint continues. "When Ms. Clark told Mr. Waldron about the high readings she received, Mr. Waldron, again, did not take her concerns seriously. Mr. Waldron asked Ms. Clark if she was certain the monitor she was using was actually a carbon monoxide meter and not a carbon dioxide meter."

The complaint alleges Waldron asked Clark to test the kitchen with him present. It is unclear from the complaint if this ever happened.

Medical tests

On Nov. 6, Waldron reportedly told Clark the braiser was safe to use "so long as Ms. Clark had her carbon monoxide meter with her." Despite Waldron's reassurance, Clark and her colleges allegedly kept complaining about the carbon monoxide levels in the kitchen to school district higher-ups, even threatening for file a complaint with the federal Occupational Safety and Health Administration.

During winter break on Feb. 20, ACE Service Co. technicians were brought in to test the kitchen for carbon monoxide. The techs allegedly found two gas leaks in the kitchen — it is unclear where they were found. That same month, Clark's complaint states she underwent testing at the Neurotoxicology Clinic at Brigham and Women's Hospital in Boston.

"Ms. Clark's treating neurologist opined that Ms. Clark's symptoms were attributable to carbon monoxide exposure, which caused intermittent hypoxic injury of her brain cells," it reads. "While some of her symptoms have decreased in severity since the gas leaks in the cafeteria kitchen area were fixed, they nevertheless persist and significantly impact Ms. Clark's daily activities and the overall quality of her life. Ms. Clark continues to be monitored by her primary care physician and has accrued significant medical expenses as a result of her exposure to carbon monoxide."

Michael Cronin may be contacted at 978-675-2708, or mcronin@gloucestertimes.com.