March 7, 2006—The North Carolina Court of Appeals unanimously upheld a $7.5 million verdict
in favor of retired CSX Transportation railroad employee, Ray Williams. Forest
Horne and Spencer Parris of Martin & Jones represented Williams.
Williams worked for CSX Transportation for nearly 40 years before retiring in 1999. He was diagnosed with
pleural mesothelioma in 2002. The only proven cause of mesothelioma among workers in the United States
is exposure to asbestos.
Williams filed the lawsuit against CSX Transportation because the railroad company regularly exposed him
to asbestos and asbestos containing materials at work and failed to warn him about the dangers of exposure.
A North Carolina jury returned the verdict in favor of Williams in October 2004.
Railroad workers do not receive workers compensation, and in order to recover for injuries they must file
a lawsuit against their railroad employer under the Federal Employers' Liability Act (FELA) and prove the
railroad's negligence caused their injuries.
The jury found that CSX Transportation was aware of the dangers of asbestos in the 1930s and further was
aware of precautions that could be taken to protect railroad workers from asbestos dust, but chose not
to protect or warn their employees until the late 1980s. |