The railroad worker was employed by CSX Transportation Inc. and its predecessors as a switchman for roughly 40 years, starting in the 1960s. He was diagnosed with lung cancer about five years before his death, leaving behind a wife and children who brought a claim under the Federal Employers Liability Act (FELA). The family alleged that his cancer and subsequent death were directly caused by exposure to asbestos, diesel fumes, and radiation during his career with CSX.
Prior to his death, the worker gave deposition testimony and described water pipes and heat shields on the stoves in cabooses as being wrapped in asbestos insulation and stated that when the trains’ brakes, which contained asbestos, were applied, large amounts of dust and smoke “would come right into the caboose.” He also testified that he “could see, smell, feel, [and] taste” diesel fumes when he would ride inside the locomotive cabs with the engineer. Although the windows and doors to the engine cab were often left open due to the heat, the diesel fumes would “trail into the engine cab” even if the windows and doors were closed. He described the fumes as being so pervasive that “if you blew your nose, it was always black.” In addition, he claimed that he was exposed to radioactive material when he transported cargo from the Oak Ridge Y-12 Nuclear Facility and while switching cars at the Witherspoon Scrapyard, which became a state Superfund site in 1991.
Defense counsel disputed the plaintiffs’ allegations and argued that the worker’s exposure to diesel exhaust and asbestos was insignificant and that, if he had any exposure at all, it would have been well below the “[p]ermissible exposure limits.” They further argued that his radiation exposure was speculative and that his roughly 25-year history of cigarette smoking was the sole cause of his lung cancer.
The jury deliberated for one day and returned a 12-0 vote awarding the plaintiff $8.6 million, but found that the worker was 62% at fault due to his tobacco use. The court asked the jury to further deliberate on the amount it “intended” the plaintiff to receive and the jury then returned with $3.2 million on the verdict form, marking out the $8.6 million. The case was later successfully appealed by the plaintiff because the jury found the defendant to be negligent per se, and that the FELA did not allow for the reduction or apportionment of damages based on contributory negligence.
