Virginia Family Files Asbestos-Related Lawsuit

The family of a man who passed away from mesothelioma has filed a Federal Employers’ Liability Act (FELA) lawsuit in Madison County Circuit Court in Illinois. The principle defendant is CSX Transportation.

The estate of Edgar Goodman claims that during the course of his employment, he was exposed to asbestos fibers. Goodman worked as a signalman for CSX Transportation between 1947 and 1951, and was diagnosed with malignant mesothelioma several decades later, in July 2005.

The complaint states Goodman worked with and around asbestos-containing materials, which included block and pipe insulation, joint compounds, cement products, gaskets, and brake shoes.

Goodman’s family is claiming compensation under the Federal Employers’ Liability Act, which was designed and implemented with the purpose of providing compensation for railroad employees who are injured during the course of their employment.

FELA compensation differs from standard workers’ compensation because FELA specifically requires injured workers to prove their injury was at least partially caused by their railroad employer’s legal negligence.

Goodman’s family believes CSX Transportation either knew or should have known of the dangers associated with asbestos exposure and claims Goodman’s exposure was foreseeable and should have been anticipated by the defendants.

Goodman’s family also claims that CSX violated FELA because the company was negligent in failing to provide Goodman a safe place to work, proper safety equipment, and failing to warn Goodman of the dangers of asbestos exposure.

In addition, the family is stating the company failed to test asbestos-containing products before employees used them, failed to provide adequate ventilation in repair facilities, and failed to require employees to handle asbestos safely.

If the family can prove CSX Transportation was at least partially negligent in exposing Goodman to asbestos, they will be entitled to full compensation. The compensation obtainable in a FELA case is typically much greater than that obtainable in a standard workers’ compensation case.

Goodman’s estate is claiming at least $250,000 in damages, as well as legal costs.

This entry was posted on Friday, August 15th, 2008 at 11:34 am and is filed under Asbestos Exposure, Asbestos Litigation, Mesothelioma. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.