A husband has filed a wrongful death lawsuit alleging that construction work on a swimming pool at his wife's high school exposed her to toxic dust and diesel fumes that ultimately caused her death eight years later. Edwin Van Fleet sued contracting firm Nadar Inc. on 11 August, claiming his wife Judith, who taught at Morro Bay High School in California for nearly 25 years, developed severe respiratory and cognitive illness after prolonged exposure near an excavation site adjacent to her classroom, and that the case highlights how construction firms allegedly disregarded pollution-control guidance while pupils and staff remained on site.

The lawsuit states that between 19 August and 13 September 2016, Judith was exposed to dust, fumes and diesel emissions after Nadar allegedly continued excavation work during school hours despite recommendations to avoid this while classes were in session, and failed to implement required dust control, idling restrictions or air quality monitoring. She reportedly developed a cough, breathing difficulties and cognitive decline, was later diagnosed with occupational asthma and a persistent cognitive disorder, and was forced to retire in 2017. By June 2024 she was bedbound and unable to speak, and she died on 12 August 2024, aged 74, with her death certificate citing respiratory failure and hypoxic encephalopathy.