A recent railroad cancer verdict was reached for a man who lost his life to lung cancer that had allegedly developed from his employer’s work environment.

The railroad cancer verdict had awarded the plaintiff party $8.6 million, after the jury found he was  exposed on a daily basis to asbestos and diesel fumes during his job as brakeman with L & N/CSXT railroad company. For 40 years, Winston P., the deceased, had worked with products composed of asbestos and had inhaled diesel fumes from engines.

Winston ultimately developed lung cancer later in his life, which his lawyer argued was a direct consequence of the dangerous work environment of the Knoxville railroad company where Winston was employed. The Knoxville jury trial lasted two weeks, with the jury deliberating for a whole day before returning with their railroad cancer verdict.

The amount awarded in the railroad cancer verdict, $8.6 million, is what the Winston’s lawyer had requested in his closing statement. The railroad company had offered a maximum amount of $250,000 to settle the lawsuit, arguing that Winston’s cigarette smoking had caused his lung cancer.

The railroad company also alleged that there was not sufficient evidence that proved Winston’s lung cancer was caused by asbestos or diesel exhaust.

Overview of Railroad Cancer Lawsuit

Winston’s lawyer had produced 16 witnesses to argue otherwise, including Winston’s treating oncologist, a cancer specialist, epidemiologist, and other expert witnesses.

The railroad company called upon their own witnesses, including expert industrial hygienists and doctors. This case took four years to reach the railroad cancer verdict, with Winston’s widow seeing the lawsuit through. Even after the railroad cancer verdict was reached, the legal battle was not over as the railroad company appealed the jury’s decision.

During June 2015, the Tennessee Supreme Court had issued a written opinion, which agreed with the original verdict that CSX had exposed Winston to asbestos, radioactive material, and diesel fumes and that it had contributed to his lung cancer.

The court ruled that a new jury trial had been necessary to determine the exact amount of legal damages in which Winston had to endure, with counsel amending its financial demands to $15 million. However, the lawsuit was settled outside of court in 2016 for a confidential amount.

Over the years, railroad workers have been reportedly exposed to highly toxic materials like benzene and asbestos.

These chemicals can reportedly be inhaled and absorbed through the skin, which can cause numerous health problems to the employees. There are numerous variations of cancer reportedly linked to the railroad industry including:

• Bladder Cancer
• Kidney Cancer
• Lung Cancer
• Mesothelioma
• Rectal Cancer
• Stomach Cancer
• Throat Cancer
• Leukemia
• Other Cancers

Even though these are such serious health concerns, some railroad companies allegedly failed to protect employees and their families from these problems.

Employees who have been affected by the railroad work environment may be able to file legal action against the companies. Potential claimants should contact a knowledgeable lawyer to determine eligibility for a railroad cancer lawsuit.