A California math teacher died in August 2024 after allegedly suffering years of catastrophic respiratory and cognitive damage from exposure to toxic fumes and dust that seeped into her classroom during the construction of a school swimming pool, according to a civil lawsuit filed by her husband.
Judith Van Fleet, 74, was a mathematics instructor at Morro Bay High School when excavation work began in August 2016 immediately adjacent to her classroom for the Morro Bay Aquatic Center project. The work allegedly released significant amounts of diesel emissions and hazardous dust that entered her room even with windows closed, according to the complaint filed in San Luis Obispo County Superior Court.
Background
Van Fleet had been a dedicated educator at the school for years before construction commenced on the aquatic center, according to the lawsuit. Environmental documents and air-quality officials had raised concerns about emissions from the project affecting students and staff on campus, recommending that excavation work be performed when school was not in session.
Despite those warnings, workers allegedly used heavy diesel-powered equipment during the school year, beginning excavation activities that generated dust and fumes while classes were in session throughout August and September 2016. The San Luis Obispo County Air Pollution Control District had issued mitigation measures recommending against such work during school hours, according to the complaint.
"On or about August 19, 2016, through September 13, 2016, decedent was exposed to dust, fumes, and diesel emissions in her classroom for those 17 to 18 workdays," the lawsuit states. "Shortly after the excavation phase of the project commenced, decedent developed immediate symptoms including cough, wheezing, difficulty breathing, sinus congestion, headache, hoarse voice, weakness, memory loss and cognitive decline."
Van Fleet sought urgent medical care for breathing difficulties on September 11, 2016, but returned to school the following day. She allegedly struggled to remember students' names and follow her lesson plan as her condition rapidly deteriorated.
The Investigation
Medical records indicate Van Fleet was eventually diagnosed with occupational asthma and other respiratory conditions, along with a persistent cognitive disorder. Neuropsychological testing documented severe deficits in memory, language, concentration, processing speed and other areas, according to the complaint.
By June 2024, Van Fleet had become immobile and dependent on 24-hour care. She was bedbound, incontinent, unable to speak, and required constant assistance, her husband alleges. She died two months later, on August 12, 2024.
"The death certificate and medical records indicate that decedent suffered from an anoxic brain injury and resultant encephalopathy, with severe, progressive, and permanent cognitive impairment," the complaint states.
A neurologist allegedly concluded in 2026 that Van Fleet's "severe progressive neurocognitive disorder" was a major contributing factor in her death, attributing her neurological impairment to toxic fumes and dust exposure during the 2016 construction period.
The Charges
Van Fleet's husband is suing Nadar Inc., the local contractor responsible for building the Morro Bay Aquatic Center, alleging negligence and wrongful death. The complaint also includes claims of strict liability for failure to warn and design defect, loss of consortium, and survival damages.
The lawsuit alleges the contractor failed to follow required air-quality safeguards "to prevent exposure to hazardous dust and emissions" during construction activities. According to the complaint, project designers did not incorporate feasible safety measures such as scheduling construction outside school sessions or providing effective barriers.
"As a direct and proximate result of the defective and dangerous design and execution of the project, decedent suffered severe injury and death," the complaint states.
The plaintiff is also seeking punitive damages, alleging defendants acted with "willful and conscious disregard" for Van Fleet's safety by proceeding with excavation using heavy equipment adjacent to occupied classrooms during the school year despite knowledge such activities would expose occupants to dangerous emissions.
"Defendants' conduct... was intentional, willful, wanton, reckless, malicious, oppressive, extreme, and outrageous, and displayed an entire want of care and a conscious and depraved indifference to the consequences," the complaint concludes.
Nadar Inc. told the San Luis Obispo Tribune it had not been served with the lawsuit and could not comment. San Luis Coastal School District Assistant Superintendent of Business Services Ryan Pinkerton said Nadar was contracted for the two-year construction period, noting that employees injured at work typically pursue claims through the state-mandated workers' compensation system.
Key Takeaways
- Judith Van Fleet died August 12, 2024, after alleged exposure to diesel emissions and toxic dust during pool construction in 2016
- The lawsuit claims she was exposed for 17-18 workdays between August and September 2016 while excavation occurred next to her classroom
- By June 2024, she had become immobile, bedbound, unable to speak, and required 24-hour care
- A neurologist allegedly concluded in 2026 that toxic exposure was a major contributing factor in her death
- Her husband is suing Nadar Inc. for negligence, wrongful death, and punitive damages in San Luis Obispo County Superior Court
What's Next
Nadar Inc. has not yet formally responded to the lawsuit in court. A hearing date has not been set. The contractor maintains it has not been served with legal papers. The San Luis Coastal School District has not been named as a defendant in the complaint.
The case is expected to proceed through discovery, where evidence regarding air quality mitigation measures, construction scheduling decisions, and medical causation will likely be examined.