Whistleblower in Saltonstall case awarded $750,000

BOSTON -- A state engineer who claimed he was punished for calling attention to hazardous conditions inside a state office building has been awarded $750,000 in damages after a Suffolk Superior Court jury found his superiors violated laws.

Bijan Mohammadipour, 51, director of engineering at the Bureau of State Office Buildings, warned of asbestos and fire safety problems at the Saltonstall building in Boston, site of a long and costly asbestos cleanup. He sued the state in 1999, claiming he was punished for reporting the problems.

The court awarded him $550,00 in compensatory damages and $200,000 in punitive damages on Friday after the jury found that the state and his former boss violated his civil rights and a 1994 state law protecting whistleblowers from retaliation.

"It's a great feeling to be validated," Mohammadipour said.

He said he hopes the verdict will give other state workers the courage to point out potentially dangerous situations.

Mohammadipour's attorney, Eric S. Maxwell, said the jury recognized his client's heroism and provides a level of comfort for other state employees who want to report problems and wrongdoing.

"Now, other workers can have some comfort that when they go out on a limb, they can be protected," Maxwell said.

Leslie Greer, the special assistant attorney general who represented the state, and Dennis R. Smith, Mohammadipour's former boss who is now New England Regional administrator for the U.S. General Services Administration, said the state may appeal.

"The verdict was not supported by the facts and the law," Greer said. "The odds are that this will probably not be the end of the matter."

Mohammadipour first discovered potentially dangerous asbestos in an air supply duct in the Saltonstall building in 1994. When a state employee assigned to clean the problem instead exacerbated it when he turned on a fan, Mohammadipour asked supervisors to close the area until it could be tested.

But the recommendation was ignored and employees worked for several more days until testing was completed.

Mohammadipour's office was moved to the garage, then moved back into the Saltonstall building just as others were moving out because of the asbestos concerns, Maxwell said. His responsibilities were also reduced, Mohammadipour said.

The Saltonstall building, now known as 100 Cambridge, closed in 1999 after the asbestos problems. It was given a $186 million renovation and public and private tenants are now in the process of moving back in.

The jury deliberated for eight hours over two days. Several jurors said there was little doubt Mohammadipour was punished and most of the deliberations were spent on determining the amount of money he should receive.

"I'm honored to have someone like BJ making sure that when we come into these buildings, we are safe," juror Linda Nash said. "He really stuck to his guns." 

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