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Bob Evans employee says cleaner made her sick
3/26/2008 1:21 PM By Cara Bailey  -Kanawha Bureau

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CHARLESTON - A Mercer County woman has filed a suit against her employer and a cleaning company, after she was injured by chemical vapors she was exposed to while working at an area restaurant.

Laura Dinkins filed the suit Feb. 15 in Kanawha Circuit Court, against Bob Evans Farms and Chem-Kleen Ceiling and Wall.

According to the suit, Dinkins has been employed for several years at the Bob Evans located in Princeton. Among her duties, Dinkins was required to clean the tables and prepare the restaurant to open the following day, when she worked a closing shift.

On Feb. 19, 2006, Chem-Kleen, a ceiling and wall cleaning company, was hired to clean the ceilings and light fixtures at the restaurant.

According to the suit, the company began to clean with a strong cleaning solution that was known to be corrosive to body tissue. Dinkins claims she and other employees were told to stay in the restaurant until Chem-Kleen was finished, so they could remove the protective plastic that has been placed over the tables and chairs and clean them, in preparation for the next day.

"At no time was Dinkins warned that she needed to take precaution to protect herself from the fumes emitted by the chemical cleaning solution nor was she provided with or advised to use a protective safety mask to keep from breathing in chemicals," the suit says.

According to the suit, Dinkins told her manager that she was having difficulty breathing and trouble swallowing, but was told to remain in the restaurant and finish her work.

Dinkins claims neither Bob Evans nor Chem-Kleen did anything in response to her concerns about the cleaning solution.

After leaving work that evening, Dinkins claims she became violently ill with shortness of breath, burning of her nose and eyes, sore throat and wheezing as a result of breathing the intoxicating and toxic cleaning solution fumes, and had to receive medical treatment.

According to the suit, Dinkins was diagnosed with chemical exposure bronchitis and exacerbation and aggravation of chronic obstructive pulmonary disease and interstitial lung disease.

"Due to the inhalation of the chemical cleaning agent and the ensuring lung problems, Laura Dinkins will have to undergo breathing treatments and other medical treatments for the remainder of her life," the suit says.

Dinkins claims the defendants knew that the cleaning solution fumes were toxic and unreasonably dangerous, but failed to take proper protective action.

Dennis Dinkins, Laura's husband, is also a plaintiff in the suit and claims he suffered extreme mental anguish, loss of consortium from his wife and suffered medical expenses.

In the four-count suit, Laura and Dennis Dinkins seek compensatory and punitive damages for their injuries.

Attorney Heather M. Langeland is representing the Dinkins. The case has been assigned to Judge Tod Kaufman.

Kanawha Circuit Court case number 08-C-325

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