Many Ohioans are familiar with asbestos, the naturally-occurring carcinogenic substance historically used in the railroad industry. Although the health risks related to asbestos exposure were discovered by doctors nearly a century ago, companies in Ohio and across the nation continued to utilize the substance in manufacturing due to its inexpensive nature and flame-retardant properties. Even now, cases still come to light on an almost daily basis of workers who have developed cancer or other asbestos-related illnesses during their careers, when employers failed to advise or protect their employees.
In another state, for example, a woman has just recently filed a wrongful death asbestos litigation lawsuit. She filed the complaint as administratrix of the estate of the decedent, who was employed by a railway company now known as CSX Transportation Co. from 1955 to 1968. During this time, the suit alleges, he was frequently exposed to asbestos.
This asbestos exposure allegedly led the worker to develop lung cancer, which was diagnosed via autopsy after his death in 2016. The lawsuit cites the Federal Employer’s Liability Act and the Locomotive Inspection Act, claiming that CSX — as successor-in-interest to the Chesapeake and Ohio Railway Co. — violated both. The lawsuit complains that, not only did the company fail to provide the man with a safe place to work, it also failed to provide him with any instructions as to the safe handling and use of asbestos or even warn him of the hazardous effects of asbestos exposure.
In successfully litigated wrongful death asbestos suits, nothing can bring back the deceased individual, of course, but at least the family of the victim can take comfort in seeing justice done, and any funds awarded often go towards expenses as well as the surviving loved ones’ emotional pain. For Ohio victims still alive and suffering from the affects of asbestos exposure — like mesothelioma or other types of asbestos-related cancer — funds often go towards necessary medical treatments. Regardless, the knowledgeable expertise of an attorney with experience in these types of cases is often key to securing a positive outcome.
Source: wvrecord.com, “Estate administrator files wrongful death suit against CSX Transportation“, Louie Torres, Nov. 28, 2017