While Ohio’s rich historical involvement in industry and manufacturing often puts it high on the list for lawsuits involving dangerous or hazardous substances, it is not alone in this sad distinction. Tragically, either through their employment or other means, numerous individuals around the country have been exposed over the years to toxic materials — toxic materials that eventually caused them to sicken and even die. A recently filed lawsuit in another state alleges just such an instance of exposure to hazardous substances, with fatal consequences.
The lawsuit was filed on behalf of a now-deceased former signalman by a representative of his estate. The complaint names as defendants both Conrail and Amtrak, the former employers whose alleged violations of the Federal Employers Liability Act purportedly led to the man’s development of colon cancer. The suit claims that, during the man’s employment, he was exposed to excessive, harmful amounts of hazardous materials, including diesel exhaust, benzene, creosote and/or asbestos.
It was because of this exposure, the lawsuit alleges, that the man contracted the colon cancer that eventually proved fatal. For the defendants’ alleged violations of FELA by failing to provide a reasonably safe workplace during his employment from 1976 to 2001, the lawsuit claims negligence. Their failure to minimize or eliminate their employees’ exposure to such toxic substances caused or directly contributed to the man’s development of his fatal illness.
The plaintiff has requested an eight-person jury trial and seeks damages in excess of $50,000, in addition to court costs. Any residents of Ohio who similarly find themselves suffering due to exposure to toxic materials, including but not limited to asbestos, may be eligible for compensation. An attorney with experience in litigating such cases would be able to evaluate the situation and evidence and offer ongoing legal support should a lawsuit be in order.
Source: pennrecord.com, “Signalman’s fatal colon cancer due to employers exposing him to toxic substances, suit alleges“, Nicholas Malfitano, Oct. 10, 2017