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Colon Cancer Caused by Railroad Negligence

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

The lawsuit involves an Virginia man who worked for Norfolk Southern in Ohio and Virginia. He sued the company as he claimed that the railroad was negligent.

Exposure to Asbestos or other toxic chemicals

Rail workers are often exposed to dangerous substances like asbestos. Asbestos fibers can travel through the digestive tract and increase the risk for rectal cancer and colon cancer. Many railroad workers are also exposed to carcinogens from diesel exhaust, petroleum-based solvents and repair shops. Smoking cigarettes can cause cancer of the colorectal.

In this case, it was suggested that the plaintiff developed colon cancer as a result of his exposure to toxic chemicals at work. In his lawsuit, he claimed that norfolk southern railway black lung disease Southern was aware of the dangers posed by asbestos and carcinogens but failed to protect their employees from exposure to these substances.

When he worked for Norfolk Southern, the plaintiff was exposed to a variety of asbestos-containing products. These included asbestos gaskets, transite boards and asbestos insulation. These materials were used in trains until the 1990s. In addition that, the railroad routinely conducted a series of physicals on its employees. These annual physicals would have included cancer screening procedures like chest x-rays.

The railroad claimed that it was responsible for informing employees, both former and current, about the dangers of exposure to asbestos. This would allow employees to talk to their doctors, and have medical screenings to determine whether asbestos exposure could cause problems. The railroad's claim was based on an advertisement of 1/4-page that was published in a company publication in 1983. The publication did not mention cancer at any point!

Inattention on the Part of Defendant

Norfolk Southern was negligent for failing to protect its workers from exposure to toxic substances. In the end, this lapse of care caused them to develop certain illnesses like asbestos and colon cancer. The resulting illnesses can be serious, even fatal, and those who suffer are entitled to compensation.

The Supreme Court will soon make an important decision in this case, which could severely limit the places where consumers and employees are able to sue corporations. The right-wing majority on the court has supported the railroad corporation who had their train derail at East Palestine, Ohio to deny lawsuits filed by survivors.

The legal battle is centered around a Pennsylvania state law that allows plaintiffs to sue any company registered in Pennsylvania even if they claim that the events that caused the lawsuit took place elsewhere. Robert Mallory, the plaintiff filed suit against Norfolk Southern claiming his colon cancer was due to his employment 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 violates due process and federal law because it doesn't rely on implied consent but rather on explicit registration. Attorney Ashley Keller, partner at Keller Postman, is representing Mallory in this instance and asserts that the Supreme Court should not rule for the railroad huge.

Injuries resulting from the negligence of the defendant

In his lawsuit, the plaintiff claimed that the defendant's negligence in failing to provide him with a safe and secure workplace free from asbestos and other toxic chemicals caused his colon cancer. He also alleged that the railroad did not properly train and supervise him as a brakeman, conductor engineer, conductor, and locomotive fireman.

The company filed preliminary objections, insisting that the matter did not satisfy the requirements for personal jurisdiction. According to the defense, the court is not in personal jurisdiction since the incident at issue occurred in Ohio and Virginia and Norfolk 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, 343 U.S. 93 (1917).

The railroad lobby is a powerful influence at both the federal and state levels, usually lobbying against legislation that could limit its profits. If the Supreme Court decides to side with the railroad, it could create an unintended precedent for the nation, restricting where consumers and workers are able to bring lawsuits against corporations. The American Association of Railroads is advocating for this, and that's why the Biden Administration has intervened on their behalf.

Damages

When asbestos and other toxic chemicals were used in the manufacture of train cars, locomotives and other equipment produced by norfolk southern railway kidney cancer Southern, workers who handled them were put at risk of contracting a serious illness. The railroad did not do enough to protect their employees. Many workers for the company were exposed to these dangerous chemicals and were diagnosed with cancer as a consequence.

In 2017 Robert Mallory, a Norfolk Southern Railway Esophageal Cancer Southern car dealer and a norfolk southern railway acute myeloid leukemia Southern carman, filed an action. He claimed that colon cancer was a result of exposure to toxic chemicals. He filed the suit in Pennsylvania and cited its long-arm law. This law permits plaintiffs in a lawsuit to sue a corporation in the state which they registered to do business, even if the event happened in another state.

However, a powerful corporate lobbying group is siding with norfolk southern railway leukemia Southern in its fight against the lawsuit. The American Association of Railroads has suggested that a Supreme Court decision in favor of Norfolk Southern could set an international precedent that limits the places workers and consumers can file lawsuits against companies.

In an interview witness for norfolk southern railway esophageal cancer the plaintiff, the witness stated that she was instructed by a supervisor to climb the side ladder of the railcar until her feet reached the second highest rung. This was a risky situation as it opened the railcar to falling cargo or accidents.