A man is suing Norfolk Southern Railway Company and 22 additional companies that he alleges knowingly contributed to him developing asbestos lung cancer.

Charles C. was diagnosed with mesothelioma, an asbestos lung cancer, on Oct. 12, 2016. He claims he was exposed to asbestos for years during the course of his employment.

Charles worked with a variety of asbestos-containing products while working at Norfolk Southern Railway Company in 1943 and 1944, and again from 1946 to 1963.

He was further exposed to asbestos from 1966 to 1982 while employed by Fiber Industries.

Asbestos Lung Cancer Precautions Never Taken

Charles held positions such as machinist, production foreman and training supervisor during his years working for the railroad. He was required to work with or in the vicinity of asbestos and asbestos-containing products.

Among the products he worked with that caused him to develop lung cancer were pipe coverings, gaskets, turbines, boilers and other similar materials.

Norfolk Southern Railway is accused of failing to provide Charles with safe and suitable tools and equipment, including adequate protective masks and/or protective inhalation devices. The company also failed “to warn Plaintiff of the true nature and hazardous effects of the asbestos and other dusty materials” and “to provide instructions or a method for the safe use of asbestos and other toxic airborne substances.”

The company also allegedly failed “to warn Plaintiff of the true nature and hazardous effects of the asbestos and other dusty materials” and “to provide instructions or a method for the safe use of asbestos and other toxic airborne substances.”

In addition, the company stands accused of failing to provide proper (if any) instructions for the use of removing old insulation products that contained asbestos.

No safe and adequate ventilation systems were installed in the locomotive repair facility, further enhancing the possibility of high concentrations of asbestos fibers.

The company allowed “unsafe practices to become the standard practice.”

Norfolk Southern Railway is accused of violating the Locomotive Boiler Inspection Act because “it failed to provide Plaintiff with a locomotive and its appurtenances which were in a proper and safe condition, and safe to work on or about…”

The result was that Charles developed asbestos lung cancer through his work on the railroad.

“The hazards posed by exposure to asbestos and/or asbestos-containing products, materials or equipment and the resulting injuries and damages to Plaintiff were reasonably foreseeable, or should have been reasonably foreseen by Defendants,” claims the complaint.

Alleged False Test Results from Insurance Company

Metropolitan Life Insurance Company is named in this asbestos lung cancer lawsuit as well, accused of aiding and abetting the negligence and marketing of asbestos-containing products.

“In both conducting tests and in publishing their alleged results, Metropolitan Life Insurance Company failed to exercise reasonable care to conduct or publish complete, adequate and accurate tests of the health effects of asbestos,” says the complaint.

Metropolitan Life stands accused of publishing “intentionally false, misleading, inaccurate and deceptive information about the health effects of asbestos exposure.”

Charles relied upon the insurance company’s tests and information that was ultimately published in leading medical journals. He claimed had no reason to question the test results.

The Asbestos Lung Cancer Lawsuit is Case No. 1:17-cv-00127-LCB-JLW, in the U.S. District Court for the Middle District of North Carolina.