Lawsuits Filed Over Formaldehyde Joists In New Home Construction

By Rick Sallinger

AURORA, Colo. (CBS4)– The lawsuits are starting to flow from new homebuyers over a problem with a potentially dangerous chemical that was intended as a safety measure in the houses.

A formula was changed in fire retardant placed on joists that support the floor manufactured by Weyerhaeuser, which now contains formaldehyde. People have been forced out of their homes due to the problem others.

formaldehyde joists 6pkg frame 442 Lawsuits Filed Over Formaldehyde Joists In New Home Construction

(credit: CBS)

Now the lawsuits are coming.

A television commercial is being run by the Burg Simpson Law Firm announces, “Attention if your home was built in the last year you could be in danger. Thousands of new homes may be uninhabitable due to excessive levels of toxic formaldehyde leaking from the basement floor joists.”

formaldehyde joists 6pkg frame 172 Lawsuits Filed Over Formaldehyde Joists In New Home Construction

(credit: CBS)

That law firm has already filed notices to builders and the joist manufacturer Weyerhauser is already facing legal action filed by other attorneys. The Nelson Law Firm in Denver has filed a lawsuit in Weld County on behalf of families there.

Attorney Mark Nelson told CBS4 Investigator Rick Sallinger the losses his clients may suffer range from expenses of being out of their homes now to whatever the impact will be on resale somewhere down the road.

formaldehyde joists 6pkg frame 1702 Lawsuits Filed Over Formaldehyde Joists In New Home Construction

(credit: CBS)

One client of Burg Simpson had their Aurora home tested. The results, they say show formaldehyde levels 30 times above acceptable levels. The owners have been moved out.

formaldehyde joists 6pkg frame 1072 Lawsuits Filed Over Formaldehyde Joists In New Home Construction

Attorney Marci Perczak (credit: CBS)

Attorney Marci Perczak said builders and the manufacturer are being notified of legal action, “Obviously they didn’t do the correct testing because it had a very quick known reaction, these known gases from formaldehyde.”

formaldehyde joists 6pkg frame 802 Lawsuits Filed Over Formaldehyde Joists In New Home Construction

CBS4 Investigator Rick Sallinger interviews attorney Marci Perczak (credit: CBS)

They will seek repair costs to remove joists and put in new ones without the formaldehyde. She said that just covering up the existing retardant is not acceptable.

The Pellegrinos moved to Colorado from California and were told they could not move into their new home.

formaldeyhyde homes 5pkg frame 2190 Lawsuits Filed Over Formaldehyde Joists In New Home Construction

Carole and EJ Pellegrino (credit: CBS)

Carole Pellegrino called it “horrible, like a nightmare.”

They have been able to get their builder to give their money back. They are looking for a new home.

formaldehyde joists 6pkg frame 2220 Lawsuits Filed Over Formaldehyde Joists In New Home Construction

The Pellegrinos home (credit: CBS)

Weyerhaeuser issued this statement, “Our top priority is to take care of every homeowner and builder affected by this situation. We are working closely with builders to resolve the issue as quickly as possible, and remediation is already scheduled, in progress, or complete in more than 1,000 homes. Affected homes are in various stages of construction and most are not yet occupied. For any displaced homeowners and buyers, we are arranging and covering the cost for temporary housing until remediation is complete. We deeply regret this situation and are working diligently to do the right thing.”

CBS4’s Rick Sallinger is a Peabody award winning reporter who has been with the station more than two decades doing hard news and investigative reporting. Follow him on Twitter @ricksallinger.

Lobo Men’s Basketball to hold open tryouts

ALBUQUERQUE, N.M. (KRQE) – Students enrolled at the University of New Mexico with a hoop dream brewing in their heart, relief is in sight if you got game. Lobo men’s basketball Coach Paul Weir is holding open tryouts Friday August 25 at the Rudy Davalos Center.

Weir told KRQE Sports Thursday that he is trying to see if there is someone in the student body that can help the team. Weir went on to say there might be several. There might be zero. To be eligible students must be enrolled at UNM with at least 12 credit hours.

Students who are interested are encouraged to send their UNM Banner ID number and full name to Eric Schultz in the compliance office. That is a step that must be completed to be eligible for the tryout. Those trying out must also bring proof of a completed medical physical. More information is available by calling the men’s basketball office at 505-925-5750.




Filed under: Home, Sports

The Need to Recognize Historical Trauma

Many years ago, during a trip to Europe, I discovered a reality that would change my life forever. The year was 1985, and a portion of my travels was spent in Germany. In a visit to St. Mary’s Church in Lubeck, West Germany I discovered a broken and melted bell that was left in its…

The post The Need to Recognize Historical Trauma appeared first on BayArt.

Police: 1 Shot, Killed In ‘Isolated Shooting’

By Karen Morfitt

AURORA, Colo. (CBS4)– Police in Aurora believe a deadly shooting is an isolated incident and that the public isn’t in danger.

The shooting happened about 3:30 p.m. Thursday in the middle of the street at Yampa and Louisiana.

shooting1 Police: 1 Shot, Killed In Isolated Shooting

Copter4 flew over the scene of the deadly shooting (credit: CBS)

Yolanda Johnson saw the numerous police vehicles and yellow crime scene tape while out on a walk.

“My grandkids come from school and they walk this way everyday,” she said.

aurora shooting 1 Police: 1 Shot, Killed In Isolated Shooting

(credit: CBS)

The intersection where the shooting victim was found is just feet away from a busy Highlands Hollows Park.

“This time of day all the kids are getting out of school, the teenagers are already out of school and then the middle age kids, the younger kids, they want to go to the park and play. Play basketball and hangout,” Johnson said.

The victim was rushed to the hospital and died.

aurora shooting Police: 1 Shot, Killed In Isolated Shooting

(credit: CBS)

Brittney Mccombs was planning to spend the day at the park with her two young children.

“It’s scary, if I would’ve picked them up sooner from school we would’ve been here and you know seeing that and them hearing that,” she said.

Investigators have not released what led up to the shooting. The victim has not been identified.

Karen Morfitt joined the CBS4 team as a reporter in 2013. She covers a variety of stories in and around the Denver metro area. Connect with her on Facebook, follow her on Twitter @karenmorfitt or email her tips.

Oakland Neuroscientist Who Studied Einstein’s Brain Dies at 90

OAKLAND (AP) — Marian Cleeves Diamond, a neuroscientist who studied Albert Einstein’s brain and was one of the first to show that the brain can improve with enrichment, has died.

The University of California, Berkeley, where Diamond was a professor emerita of integrative biology, confirmed Diamond died July 25 at her home in Oakland, California.

She was 90.

Dr. Marian Diamond with Brain

Neuroscientist Dr. Marian Diamond lectures while holding a human brain on campus at UC Berkeley. (Facebook)

In 1984, after receiving four blocks of the preserved brain of Einstein, she found that it had more support cells than average.

In her work with rats, she showed that an enriched environment – toys and companions – changed the anatomy of the brain.

She found that the brains of all animals, including humans, benefit from an enriched environment, and that impoverished environments can lower the capacity to learn.

“Her research demonstrated the impact of enrichment on brain development – a simple but powerful new understanding that has literally changed the world, from how we think about ourselves to how we raise our children,” said UC Berkeley colleague George Brooks, a professor of integrative biology.

Her findings were initially resisted by some neuroscientists. At one meeting, Diamond later recalled, a man stood up after her talk and said loudly, “Young lady, that brain cannot change!”

“It was an uphill battle for women scientists then – even more than now – and people at scientific conferences are often terribly critical,” she wrote in her 1998 book, “Magic Trees of the Mind: How to Nurture your Child’s Intelligence, Creativity, and Healthy Emotions from Birth through Adolescence,” co-authored with Janet Hopson. “But I felt good about the work, and I simply replied, ‘I’m sorry, sir, but we have the initial experiment and the replication experiment that shows it can.'”

In a career at UC Berkeley spanning half a century, Diamond inspired thousands of students over generations, according to the university.

For decades she could be seen walking through campus to her anatomy class carrying a flowered hat box containing a preserved human brain.

© Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed

Albuquerque man found guilty in girlfriend’s murder

ALBUQUERQUE, N.M. (KRQE) – An Albuquerque man has been found guilty of murdering his girlfriend.

Vanessa Delgado, 26, was found strangled in her home last June near Gibson and Juan Tabo.

Her boyfriend, 30-year-old Carlos Perez, is charged with the killing.

Police used Perez’s cell phone to track him down just hours later near Las Cruces. He was with their three children and Delgado’s older child.

Perez faces 16 years in prison. His sentence is set for November.

Filed under: Albuquerque - Metro, Crime, Home, News

Body Found Is That Of Hiker Who Went Missing

JEFFERSON COUNTY, Colo. (CBS4)– Authorities in Jefferson County have confirmed that a body found earlier this week is that of a woman who went missing while hiking.

Sharon Davis, 75, went missing Sunday while hiking near Buffalo Creek.

sharon davis 5vo frame 0 Body Found Is That Of Hiker Who Went Missing

Sharon Davis (credit: Jefferson County)

The remains were found on Monday. Authorities confirmed the body is that of Davis on Thursday.

What happened leading up to her death has not been determined.

2 Investigators: Small Fine For Massive Towing Overcharge

(CBS) – The 2 Investigators reported how a towing company charged a business owner $37,000 to move a semi-truck a short distance.

The Illinois Commerce Commission, the state agency that regulates the towing industry, launched a months-long investigation, recently ruling that G.C.W. Tow & Recovery broke 10 laws.

But the fines for those infractions totaled just $1,000.

“It’s a slap in the face,” says Peter DeWitt, owner of Michigan-based DeWitt Barrels. “Anybody in their right mind would pay $1,000 to get a $36,000 return.”

It all started last March, when one of DeWitt’s trucks got stuck under an overpass near 80th Street and Vincennes Avenue. G.C.W. removed the slightly damaged truck and drove it to a storage lot in Calumet City.

Experts say the job should’ve cost about $3,500. Instead, G.C.W. presented DeWitt with the $37,000 bill.

“Thirty-seven thousand dollars to go basically 10 miles,” DeWitt says. “They didn’t even tow the darn truck. They drove it away.”

Steve Weatherford, the ICC’s assistant chief of police, says it’s not his agency’s fault that G.C.W. wasn’t punished more severely.

“We have to work within the parameters of the law,” he says.

The state’s laws were watered down, the result of a 2013 court ruling.

Illinois government has since revoked G.C.W.’s operating license.

A spokesman for Harvey-based G.C.W. declined to comment.