UNM demolition work triggers legal dust-up

Law student sues over pain, suffering blamed on dust

A University of New Mexico law student says coughing spells and other ailments brought on by the dust from the demolition of a building near the law school disrupted his studies, work and even his weekly handbell choir rehearsal.

Some of the highest-ranking officials at UNM’s medical and law schools were drawn into the hubbub over the haboob on the north campus earlier this month. And now, the student is seeking hundreds of thousands of dollars in damages from the university and the construction company.

Zacary Wilson-Fetrow, a second-year law student, has filed suit against UNM and Custom Grading Inc., in connection with the demolition of a building that once housed a health clinic just south of the Law School on Stanford Drive.

The suit says that on Oct. 1, he drove to the Law School, where the air was “hazy, with a brownish-black dust.” He coughed and hacked his way into the building and through his class, where the professor said many others had been complaining about the dust, according to the lawsuit.

Leaving campus didn’t make things better for Wilson-Fetrow, who drove home later that afternoon “coated in a layer of dust, which smelled horrible, like that of concrete.”

“Plaintiff’s hands and arms felt grimy and crawled with feelings of grossness,” the complaint says.

Wilson-Fetrow had to pull over during his drive home because of his cough. And once he was home, his spouse complained that he “smelled terribly of dust and concrete.”

The student said he sought treatment at a university health center, where he was given an inhaler. For at least a week, he had a cough and “painful and dried-paint-like hands and feet,” rashes and heightened depression, according to the lawsuit. He has missed several classes, work and a bell choir practice.

At his worst, Wilson-Fetrow said in the court filing, his rash spread across both arms to his shoulders, which started searing in fiery pain that felt as if his “skin was being ripped from (his) bones,” according to the suit.

“Multiple times, the plaintiff begged for death,” the suit says.

Wilson-Fetrow, who is representing himself, said he brought the suit not only so he would be compensated for his own damages, but also to prevent similar situations from occurring in the future.

His lawsuit against UNM and the grading company, which alleges negligence and other violations, was filed earlier this month in state District Court. His demands include $170 for his medical costs, $99.76 for lost wages and $19 to reimburse him for cleaning his vehicle. He’s also hoping for $36,000 for compensation for annoyance and discomfort, pain and suffering and the loss of peaceful and pleasureful enjoyment of life, and $359,991.80 in punitive damages. He came up with those figures by researching awards from similar cases, he said in an interview.

“This stuff is quite disgusting,” Wilson-Fetrow said. “It’s both about caring about the public health and emphasizing to the school going forth that this is really important and they are legally obligated to protect the public health.”

The Law School’s dean and vice dean inquired to top university officials about the matter. And a forum about the demolition was scheduled.

“As the university is now in active litigation, we had to cancel the forum,” Law School Dean Sergio Pareja said in an email to Law School faculty, staff and students last week.

Pareja said the property belongs to the university but is not under control of the Law School. Pareja said he spoke with the person in charge of the project and Dr. Paul Roth, the chancellor of the University of New Mexico Health Sciences Center, who assured Pareja that the demolition was properly permitted and that state and federal laws and regulations were being followed.

“The person in charge of the project has assured me that they will do everything possible to mitigate any potential odors being emitted as a result of that work,” Pareja said in his email.

Pareja didn’t return messages seeking comment. Cinnamon Blair, a spokeswoman for the university, said university officials couldn’t comment on the construction project because of the ongoing litigation.

Wilson-Fetrow said he hopes the university won’t retaliate against him for the lawsuit.

“It’s certainly interesting being a student at the Law School and filing a lawsuit against your own school,” he said. “I have very high opinions of the school. I feel it’s a very professional institution, so I do not have any concerns about that, and I have very high expectations that they wouldn’t do something so improper.”