Grocery Store Sues Due to Neighboring Asbestos Abatement Project
The Amazon-owned grocery store chain Whole Foods is suing CBL Properties, the owner of a commercial development in Greensboro, North Carolina, and the retail company Transformco due to losses suffered from asbestos exposure during abatement that didn’t go according to plan.
The 2023 incident shut the store down for about two weeks because asbestos got into the store through water used to pressure spray a building where asbestos was being removed, reports WFMY. The exposed area was away from customers but was where employees worked.
Whole Foods’ court documents allege the defendants breached their contracts with them when they failed to take precautions to ensure the grocery store would not be affected by the demolition and reconstruction of an adjacent building where a Sears was located.
The demolition and reconstruction work involved a structure next to and above the Whole Foods store. The store chain alleges the defendants hired an industrial hygienist who installed asbestos monitors in the store because it was possible that asbestos could migrate from the work zone.
On August 31 and September 6, 2023, the defendants allegedly pressure-washed some of the work zone, and water contaminated with asbestos leaked into the Whole Foods. The store chain also claims it learned the asbestos in the Sears building close to its location had not been removed. Vibrations from the ongoing demolition shook it loose.
The lawsuit claims monitors installed by the defendants’ industrial hygienist found asbestos in the store for the first time on September 11. CBL was notified the next day, but Whole Foods claims they weren’t told about it until three days later.
The industrial hygienist recommended that Whole Foods shut down the store on September 20 to allow for cleaning. That was accepted, and the store remained closed until October 4.
Whole Foods claims the closure and disruption negatively affected its business and interfered with employees’ and customers’ use of the facility, resulting in significant profit loss and the disposal of a large amount of perishable inventory. The store also had to remediate the asbestos that leaked into its building.
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If you or a loved one is diagnosed with an asbestos-related disease caused by faulty abatement work, you may receive financial compensation for what you’ve endured. Call us toll free at 855-385-9532, locally at 502-589-5600, or contact us online to arrange a free initial consultation with an attorney. We will discuss your situation, your best legal options, and how we can help.