Company sues Dayton garden center for $10 million in asbestos dispute

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Company sues Dayton garden center for $10 million in asbestos dispute

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A local company has sued North Dayton Garden Center, alleging it did not disclose that asbestos was included in debris the company hauled from the garden center. FILE

A local construction company has sued North Dayton Garden Center and said it did not disclose that asbestos was included in debris the company hauled away from the garden center.

The attorney for Dan Powers Construction has asked for $10 million in damages against the garden center, alleging that Powers’ business is now banned from multiple dump sites.

“They had started the process of removing the material — the soils from the place — and taking it to the different environmental dumps,” attorney Harrison Green said. “And it was discovered that there was asbestos in there. (Powers) had to take it back, and then they were banned from further business at those dumps.”

The suit filed in Montgomery County Common Pleas Court names Shirley and Peter Kossoudji, Kossoudji Enterprises, EZ Transport LLC and various John and Jane Does as defendants.

A message left for the Kossoudji family attorney was not returned.

The complaint says that in May 2015, the Kossoudji family hired Powers to dispose of truckloads of debris from the site at 1927 Troy St. in Dayton. Powers then subcontracted with United Demolition Excavation & Site Management LLC.

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“Unbeknownst to Dan Powers or Dan Powers Construction, the debris contained hazardous asbestos,” the suit alleges. “Defendants Peter Kossoudji and/or E Z Transport failed to inform Dan Powers or Dan Powers Construction of this fact.”

The construction business and its subcontractor have been banned from dumping at Steve Rauch Inc. and Vance Environmental Ltd. because they did not follow protocol.

“Asbestos has to treated in certain way, bagged, you can’t allow it to just come in,” Green said. “It wasn’t properly handled and then they were forbidden, no matter what, returning to those sites.”

Green said his client can haul to sites in Xenia and Troy, but that hurts the bottom line, as did the fines his client was charged by the dump sites.

“That’s adversely affected their businesses tremendously because (of) having to travel greater distances so you can only do so many trips per day when they could do so much more (before),” he said.

A similar suit brought by United Demolition against the Kossoudjis was dismissed. Green asked for punitive and exemplary damages of $10 million, plus attorney fees and court costs.

Green said the Kossoudji family knew of the asbestos and if his client knew about it, “it would have been handled totally differently.”

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