A child care center should not have been operated in an abandoned thermometer factory filled with hazardous waste, according to the plaintiff in Mignano v. Jim Sullivan. Almost one hundred children may have been exposed to highly toxic mercury vapors during the two years that the child care center operated.
According to the complaint, the Accutherm thermometer factory closed, and Accutherm declared bankruptcy, but MidAtlantic Bank chose not to foreclose on its mortgage because of the liability associated with owning a known toxic waste site. New Jersey had found Accutherm's owner personally liable for cleanup costs and ordered a cleanup.
However, no site remediation occurred, nor were any warning signs posted at 162 Station Ave, Franklinville, NJ.
Jim Sullivan purchased the property from Accutherm and arranged to have it used as a child care center, operated by Kiddie Kollege Daycare & Preschool, Inc.
Among other things, the complaint seeks to fund long-term medical monitoring for mercury-related illnesses in the exposed children, as well as punitive damages.