Railroad workers claims chemical exposure led to lung cancer

By Michelle Keahey | Jan 3, 2012


An Alabama railroad worker has filed a lawsuit against his employer after he learned that he had developed lung cancer from possible chemical exposure.

Under the provisions of the Federal Employer's Liability Act, James A. Farr filed suit against CSX Transportation Inc. on Dec. 29 in federal court in New Orleans.

Farr was hired by L&N Railroad, a predecessor to the defendant CSXT, where he worked as both a switchman and an engineer at the railroad.

Farr states that he was exposed to hazardous chemicals on the property and was required to work in areas in which he was exposed to and injured by the hazardous and carcinogenic chemicals. He claims that he was never notified about the substances to which he was exposed, nor was he given any warning, protection or safety equipment to guard against the hazardous exposures.

As a result of the exposure, Farr claims that he developed lung cancer and other chronic diseases.

The defendant is accused of negligence for failing to maintain a safe place to work, failing to inspect for carcinogenic chemicals at its facilities, failing to warn of the dangers associated with exposure, failing to provide safe and proper ventilation, failing to institute or enforce safety procedures, failing to provide Farr with medical and scientific information regarding the hazards associated with exposure to chemicals and failing to maintain any type of medical monitoring program.

The plaintiff is asking the court for an award of damages for physical pain and suffering, mental pain and suffering, permanent disability, loss of enjoyment of life, medical expenses, interest and court costs.

Farr is represented by Carisa German-Oden, Benjamin B. Saunders and Joseph P. Miller of Davis Saunders PLC in Mandeville. A jury trial is requested.

U.S. District Judge Nanette Jolivette Brown is assigned to the case.

Case No. 2:11-cv-03174

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