Colorado Asbestos Case Drags On

May 9 , 2006 - The case of 22 fraternity brothers vs. Colorado College has been stuck in the courts for more than seven years, frustrating the plaintiffs, defendant, and the attorneys representing them.

In 1999, 22 members of the Phi Gamma Delta fraternity sued the college – led by the attorney father of one of the members - because of the presence of asbestos in the basement of the fraternity house they all shared.  The suit claims that the college had knowledge of the presence of asbestos in the basement of Fiji House but allowed these young men, and many others, to live in the house for 13 years before the material was removed.

Though three claims have been dropped since the case was first initiated, three additional claims - fraud, breach of housing contract and violation of the Consumer Protection Act — have yet to be settled.

A deal was almost reached in 2004 when the college agreed to pay each plaintiff $100,000.  However, each had to agree that they would not sue Colorado College again if they became afflicted with any kind of asbestos-related disease.

According to the parties involved, the asbestos was located in the Fiji house mechanical room “as pipe and heat exchanger insulation and on some exposed overhead pipe.” College officials told the court the room was always locked and students did not enter.

Plaintiffs have claimed that they live in constant fear of developing asbestos-related diseases though none of them have exhibited any symptoms. 

Colorado College’s attorney, Chris J. Melcher, has said recently that a settlement should be completed soon, but defends the college’s decision to settle and not continue with litigation, claiming that they’re hoping to save money. 

“CC is and has been fully prepared to litigate this case,” Melcher said. “We never did anything wrong.”