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The kansas city southern railway multiple myeloma City Southern Railway and Black Lung Disease

Rail workers are exposed daily to a range of toxic substances which can cause respiratory problems and blood disorders. Diesel exhaust, asbestos, and welding fumes are included.

This case concerns an individual who was a railroad car repairman and contracted black lung. The disease caused him to be unable to work and also caused him to suffer.

What caused the accident

Harvey Couch, a Louisiana utility businessman, began acquiring railways in the 1920s, and later merged them under his control. When he acquired the L&A in 1939, the railroad was changed to kansas city southern railway scleroderma City Southern and given new life. kansas city southern railway blood cancer City and New Orleans had direct railway service for the first time. The new daily streamliner named the Southern Belle, was backed by a promotional campaign that gave notice to shippers as well as passengers that KCS provided a superior alternative to Union Pacific and BNSF.

Over the years the railroad was unable to keep track maintenance. Management delayed repairs to boost the bottom line. This is a tactic that works for a short period of time but can have long-term negative consequences. A series derailments in late 1972 made the railroad aware that it had to tackle the issue. Other than that, KCS needed heavier rail, new ties and Centralized Traffic Control.

The acquisition of the Gateway Western Railroad widened the KCS footprint from Shreveport, Arkansas into Mississippi and Alabama while creating a new corridor that connects St. Louis via Springfield, Missouri. The new network now serves ten states as well as Mexico. It is a Class I railroad and transports freight for seven main industries: agriculture and minerals military, automotive as well as petroleum and chemicals and energy, industrial, and consumer products. It also provides intermodal services. KCS employees who worked on these lines have been exposed to diesel exhaust, asbestos and other harmful substances which are linked to a variety of illnesses including mesothelioma as well as lung cancer and blood disorders like myelodysplastic Syndrome, acute myeloid leukemia, and multiple myeloma.

What is the root of the accident?

Railroad workers are often exposed to diesel exhaust, resulting in occupational cancers, pulmonary problems and blood disorders. These toxic exposures are caused by a variety of causes, including the failure to provide a safe working environment and proper training. Trainees who work on trains, for instance have to frequently climb into and out of cabs or other equipment with little ventilation. They are also susceptible to breathing in welding fumes, solvents, degreasers and lubricants that contain toxic chemicals. These toxic fumes are linked to numerous medical conditions, including blood disorders and lung diseases like myelodysplastic syndrome and acute myeloid leukemia. These conditions have been recognized in a variety of workers who worked for kansas city southern railway pancreatic cancer City Southern. The Canadian Pacific Railway now owns the company.

What Damages Were Caused

As shop workers, pipefitters or machinists, railroad workers are frequently exposed to harmful chemicals found in lubricants and railroad Workers degreasers. This has led to occupational lung illnesses, blood disorders and certain cancers. Workers who work near locomotives and track equipment have been particularly at risk of cancers caused by exposure to diesel exhaust.

Giddens worked in KCS' maintenance-of-way department building and maintaining the railroad's roadbeds and right of way. Giddens was tasked with fixing the wash-out on milepost 612 after heavy rains had caused the wash-out to be soiled by ballast that was supporting the rail and tie. Giddens was instructed to use a crane for locomotives to lift the tracks away from the way while workers positioned cross-tie support structures beneath them.

During the course of this work, a chain on the crane broke and an assembly of tracks fell on Giddens' left hand, causing crush-type fractures to the middle and ring fingers. Eight surgeries were needed to take care of the injuries. Giddens was not able to return to work and relied on KCS the wage continuation program.

In closing arguments, Giddens' counsel claimed that KCS had violated OSHA regulations pertaining to the type of chain it used on its cranes for locomotives and the requirement that the chains be inspected and tested and labeled. Giddens counsel also claimed that it was KCS's obligation to be aware of applicable OSHA rules and to abide by them. Neither KCS or its expert witnesses questioned the evidence.

Who was at fault?

A train crossing the road is among our most dangerous intersections. When a car hits trains, serious injuries occur for the passengers and the driver.

The accident happened at the intersection of East Iowa Road with the KCS tracks, which is located in Beauregard Parish. Lloyd Mitchell was driving a van with three young girls to their homes following church services when the train struck them. The oldest of the girls, twelve-year-old Amanda Duncan, died in the accident. Rachel and Myranda were injured, but they survived.

Plaintiffs contend that the railroad failed to properly clear its right of way at the crossing, which resulted in inadequate visibility distances. They also claim that the railroad failed to post adequate warning signs, which are required by law. The trial court concluded that KCS was in breach of its obligation to maintain its tracks, keep adequate sight distances and to provide warning signs and that this infraction was the cause of the accident.

Mike Haverty took over as CEO of KCS in 1995, at a time when the Western railroads were consolidating under the BNSF and Union Pacific mega-systems. He believed that KCS could remain independent by expanding its northern-southern tradition. He began to acquire the tracks of the L&A, LR&N and Texas Mexican Railway. When KCS acquired Texas Mexican Railway, he designed a rail system north-south that competed with both super-systems.