The complaint was filed in Rutland Superior Court Civil Division in April by Rutland attorney Thomas P. Aicher of the firm Cleary, Shahi and Aicher on behalf of Shirley A. Uhler and her husband Michael D. Uhler. Energy Wise Homes Inc. of East Dorset is named as the defendant.
According to the complaint filed by Aicher, in October 2010 Energy Wise Homes entered into a contract with the Rutland South Supervisory Union to install a certain sprayfoam insulation at the Shrewsbury Mountain School.
"An express and/or implied term of that Contract included that defendant would be using products and materials that were known to be severely toxic with significant risk of injury and/or illness to humans who may be exposed to them," wrote Aicher. He added another term of the contract included that "... the defendant would use safe workman like and/or best practices to prevent the distribution of any such toxic products or other chemicals from the Application Space and into the breathing space of any person or persons."
Aicher wrote that Shirley Uhler was an employee of the Shrewsbury Mountain School on Nov. 29, 2010. "Upon entering her place of work, Ms. Uhler was exposed to and encountered airborne chemicals and airborne residue from the application of sprayfoam insulation conducted
The suit claims negligence against Energy Wise Homes. It also claims "loss of consortium" on behalf of Michael Uhler alleging he "suffered the loss of society, companionship, enjoyment of life with, and consortium of his wife, Shirley Uhler."
A declaratory judgment complaint was filed in Bennington Superior Court Civil Division in September by Cincinnati Specialty Underwriters Insurance Company, the insurance company for Energy Wise Homes, which is seeking a judgment from the Bennington court that it owes no coverage for claims against the company. According to its complaint, Energy Wise Homes has made a claim for insurance regarding the suit. According to the insurance company, its policy does cover bodily injury arising from exposure to pollutants.
Aicher said he could not comment on the case and calls to Energy Wise Homes were not returned.
According to its website, Energy Wise Homes does energy audits, air sealing, and insulation work.