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Railroad Worker Leukemia

Marshall, TX: (Oct-03-07) James Smith, a former railroad worker, brought a lawsuit against Union Pacific, seeking more than $2 million as compensation for exposure to the toxic chemicals he claims caused his leukemia. Smith filed the original complaint against Union Pacific Railroad on March 23, 2006, in the Marshall Division of the Eastern District of Texas. According to court records, Smith claims he was exposed to carcinogenic chemicals during a 30-plus year career as a manager of Union Pacific's yard operations to the Longview and Texarkana yards. He believes his diagnosis of hairy cell leukemia in March 2003 was a result of Union Pacific's negligence in allowing the toxic chemical exposure.

In a settlement reached, Smith and Union Pacific agreed to settle the suit for $34,000, significantly less than Smith had originally asked for. In the original complaint, Smith states his employer was negligent by failing to provide a safe work environment, safe methods to work, protective breathing apparatus and proper instructions, training, warning and supervision. He also alleged that Union Pacific was negligent by failing to warn about the risks of exposure, failing to provide medical screening or monitoring, and exposing plaintiff to dangerous levels of toxic chemicals when it knew or should have known the risks of harm. The suit sought more than $2 million in compensatory damages for lost wages and benefits, loss of earning capacity and seniority time, physical pain and suffering, mental anguish, disfigurement, loss of physical function, medical expenses and loss of enjoyment of life. [SOUTHEAST TEXAS RECORD: RAILROAD LEUKEMIA]

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Published on Oct-4-07


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