공지사항

CSX Railroad Lawsuit

CSX Transportation faces a class action lawsuit filed by residents of the Curtis Bay community. The lawsuit alleges that an explosion at an CSX plant led to pollutants in the air including arsenic, lead and silica.

The plaintiff was employed at CSX between 1962 to 2002. While working for the company, he had been exposed to diesel exhaust fumes and asbestos. He was diagnosed with lung cancer, as well as lung diseases.

Damages

A flood that caused massive destruction to a small North Carolina town may be traced back to the CSX Transportation railroad workers and cancer. The lawsuit claims that the railroad settlement allowed debris to block a culvert, causing water to back up. This caused the water pressure to rise and swell up through the blockage into the town of Waverly. The resulting tidal waves destroyed homes, forced people out and killed at most one person. The town's residents claim CSX failed to warn them of the dangers of flooding which they believe was caused by CSX's lack of skill to clear the clogged the culvert.

Plaintiffs have presented evidence that the vegetation at the Jordan Street crossing was so overgrown that drivers could not be aware of if trains were coming, which is sufficient to establish that CSX was negligent in maintaining the rail line. CSX contends that the trial court abused its discretion when admitting this evidence. CSX claims that the jury should have been informed that Mr. Hensley must prove that his cancer-related fears were genuine and serious.

A southeast Georgia man has filed an action against CSX, saying the company fired him in part because of his complaints regarding safety violations. Chase Highsmith claims CSX violated federal regulations and was negligent in its maintenance of rail cars. Highsmith claims he was fired from his job as carman and Equipment Operators railroad cancer vehicle inspector for reporting violations of the rail safety laws to the Federal Railroad Administration.

Premises liability

When a person suffers an injury at the property of someone else or property, they might be able to file a lawsuit against the property owner or caretakers of that property. It can be difficult, but the key is to show that the party responsible had a legal obligation to maintain safety standards at their place of business.

A home that floods for instance, could have been avoided by maintaining the culverts that transport floodwaters between the railroad cancer track and the creek. The lawsuit alleges that CSX allowed debris to get into these culverts, creating a blockage that caused water to back up and release what was described by survivors as a wall of water.

In the second case, a jury handed plaintiff Robert Highsmith almost $7 million after determining that he had suffered injuries as a result of asbestos exposure while working for CSX. A judge has since reversed the verdict, claiming the jury was not properly informed about the law and that it was denied the opportunity to discuss expert witness testimony.

Highsmith claims that he was employed by the railroad injury settlement amounts as an engineer and promoted to locomotive engineer. He's seeking reinstatement, promotion and compensation damages, punitive damages, and interest on backpay. Highsmith on the other assertion, says he violated the company's policies and was not a valid reason to leave work.

Negligence

A man who has filed a lawsuit against CSX over a sprain he suffered during work has claimed that the company was negligent in not providing him with a safe and secure work environment. According to the lawsuit the plaintiff fell off a tank while releasing vertical brakes. He suffered from post-concussion, fractures in his neck and leg, and a herniated disk on three different levels of his spine.

The lawsuit also claims that the railroad did not keep a safe distance between pedestrians and trains. The lawsuit claims that a misaligned track switch led to the collision, and that the plaintiff was under pressure because of requests from supervisors and threats of discipline. The lawsuit asserts that CSX violated the Federal Employers' Liability Act and CSX Railroad Lawsuit the Railway Labor Act.

The survivors of the deadly flood in Waverly, Tennessee, are suing CSX and a local couple of property owners. The families of the victims are seeking $450 million in damages. They claim that the flood could have been avoided. The lawsuit alleges that CSX let debris clog the culvert beneath the bridge for trains, thereby blocking the flow of water. The lawsuit claims that the company was negligent in failing to clear the culverts and also in piling debris on the nearby property of Sherry and James Hughey.

Intentionally inflicting emotional distress

Residents of Curtis Bay also suffer from anxiety and stress over future catastrophes. They are also worried about the likelihood of a repeat tsunami. Furthermore, the transfer facility's constant operations could endanger their safety and well-being. The lawsuit alleges that CSX is accountable for the damages caused by its actions.

The lawsuit also states that CSX was not able to warn residents about the possibility of flooding and dangers of the bridge it owns. The suit further states that CSX did not clear the culvert on its property, which led to ponding and the eventual the tidal wave. Further, the lawsuit claims that CSX was warned about the flooding problem by neighbors and by New York state officials.

CSX is also arguing that the trial court's instruction to the jury in determining damages was insufficient and improper. Specifically, it left the jury with the erroneous understanding that Miller was obligated to make an effort to return to full-time employment within a reasonable period of time following his injury. The trial court did not clarify whether this duty continued after Miller quit CSX in March 2003. In addition, it did not explain that the trial court had the power to grant an apportionment ruling that would have permitted the jury to distribute the blame between CSX's negligence as well as Miller's age and history of smoking.