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Colon Cancer Caused by Railroad Negligence

A railroad worker who claims he has cancer claims that his job exposed him to toxic chemicals. The case is now at the Supreme Court.

The lawsuit concerns the case of a Virginia man who worked for norfolk southern railway blood cancer Southern in Ohio and Virginia. He filed a lawsuit against the company because he claimed that the railroad was negligent.

Exposure to Asbestos and other toxic chemicals

Railroad workers often work with hazardous materials such as asbestos. Asbestos fibers can travel through the digestive tract and increase the risk for rectal cancer and colon cancer. Railroad workers are exposed to carcinogens from diesel exhaust, petroleum-based solvents, and repair shops. Additionally, smoking cigarettes can cause cancer of the colorectal.

In this case, the plaintiff alleged that he was diagnosed with colon cancer due to his exposure to toxic chemicals. In his lawsuit, he claimed that Norfolk Southern was aware of asbestos' dangers and carcinogens, yet failed to protect their employees from these substances.

While working for Norfolk southern Railway Pancreatic cancer Southern, the plaintiff was exposed to many asbestos-containing products. This included asbestos insulation, transite board, and locomotive gaskets. These materials were used in trains until the 1990s. In addition the railroad would regularly conduct periodic physical examinations of its employees. These annual physicals could have included cancer screening procedures such as chest x rays.

The railroad argued that after first becoming aware of the dangers of asbestos, it did the responsible thing and notified current and former employees so they would be able to consult with their doctors and be medically screened for potential problems caused by asbestos exposure. The railroad's argument was based on a 1/4-page advertisement that appeared in a publication of the company in 1983. This publication did not mention cancer at all!

Negligence of the Defendant

norfolk southern railway reactive airway disease Southern was negligent for not protecting its workers from exposure to toxic substances. The negligence ultimately led to the workers to develop certain illnesses such as colon cancer and asbestos. The resulting diseases could be severe, or fatal, and the sufferers have a right to financial compensation.

The Supreme Court will soon make a major decision in this case which could severely limit the locations where consumers and workers are able to sue corporations. The right-wing majority of the court is siding with the railroad giant whose train was smashed in East Palestine, Ohio, to block lawsuits filed by survivors of this disaster.

The legal battle revolves around the state law that permits plaintiffs to file a lawsuit against any business that is registered to do business in Pennsylvania, even if the lawsuit asserts that the actions that led to the suit occurred elsewhere. Robert Mallory, the plaintiff has filed suit against Norfolk Southern claiming his colon cancer was linked to his work in the railroad.

However, the railroad company argued that Pennsylvania's "consent-by-registration" law is unfair because it confuses consent with contacts. It also claims that the law is in violation of federal law and due process because it relies on explicit registration, not implied consent. Ashley Keller, a partner at Keller Postman and attorney for Mallory In this case that the Supreme Court shouldn't rule in favor of the railroad giant.

Injuries caused by the defendant's negligence

In his lawsuit, the plaintiff claimed that the defendant's failure to provide him with a safe workplace free of asbestos and norfolk southern Railway Pancreatic Cancer other toxic chemicals caused his colon cancer. He also claimed that the railroad did not adequately to supervise and train him in his roles as a conductor and brakeman, engineer and locomotive fireman.

The company filed preliminary objections in which it claimed that the case did not meet the requirements of personal jurisdiction. According to the defense, the court does not have personal jurisdiction since the incident in question was a result of Ohio and Virginia and norfolk southern railway non hodgkins lymphoma Southern is incorporated and operates in these states.

Mallory, who is represented by the law firm of Bern Cappelli in Conshohocken, countered that the state's "consent-by-registration" statute grants jurisdiction to courts when corporations register to do business in the state. He claims that this is consistent with the long-standing Supreme Court precedent, including International Shoe and Gold Issue Mining & Milling Co. of Philadelphia v. Pennsylvania Fire Ins. Co. of Philadelphia, 243 U.S. 93 (1917).

The railroad lobby is an influential power at both the state and federal levels, often lobbying against any legislation that could hurt its profits. If the high court decides to side with the railroad, it could establish an unintended precedent for the nation, restricting where workers and consumers are able to bring lawsuits against corporations. This is what the American Association of Railroads wants, and why the Biden administration has been a vocal supporter of the association.

Damages

When asbestos and other noxious chemicals were used in the manufacture of locomotives, train cars and other equipment made by Norfolk Southern, workers who worked with them were at a high risk of contracting an illness of serious severity. The railroad company did not adequately protect its employees. Many of the employees of the company were exposed to these dangerous chemicals and were diagnosed with cancer as a result.

In 2017, a carman for norfolk southern railway black lung disease Southern named Robert Mallory filed an action against the railroad. The carman claimed that his colon cancer was the result of exposure to harmful chemicals. He filed the suit in Pennsylvania using its long-arm law. This law allows plaintiffs in lawsuits to sue corporation in the state in which they registered to do business even if the incident occurred in a different state.

However, a powerful corporate lobbying group is backing norfolk southern railway esophageal cancer Southern in its fight against the suit. The American Association of Railroads has suggested that a Supreme Court decision in favor of the railroad giant could create an international precedent that limits the places workers and consumers can file lawsuits against companies.

In a deposition, the plaintiff's witnesses testified that a supervisor norfolk Southern railway pancreatic cancer told her to climb the ladder on the side until her feet reached the second highest rung. This was a very dangerous position, as it left the railcar open to falling cargo or other accidents.