Etsuko Waldock спросил 2 года назад
CSX Railroad Lawsuit
Residents of Curtis Bay have filed a class-action lawsuit against CSX Transportation. The lawsuit alleges that an explosion at a CSX plant has led to air pollution, including arsenic, lead and silica.
The plaintiff was employed at CSX between 1962 between 1962 and 2002. During his time with the company was exposed to asbestos and diesel exhaust fumes. He was diagnosed with lung cancer and lung diseases.
Damages
A massive flood that caused destruction to a small North Carolina town may be traced back to the CSX Transportation railroad. The lawsuit states that the railroad allowed debris to block a culvert, which caused water to re-enter the culvert. This caused the water to expand and then surge through the blockage into the town of Waverly. The resulting tidal waves destroyed homes, forced residents to move and killed at least one person. Residents of the town say CSX did not warn them of the dangers of flooding, which they believe was caused by CSX’s inability to clear the clogged canal.
Plaintiffs presented evidence that the vegetation at the Jordan Street crossing was so overgrown that drivers could not be aware of if a train was approaching which is sufficient to prove that CSX was negligent in maintaining the rail line. CSX argues that the trial judge abused its discretion in admitting this evidence and that the jury should have been instructed that Mr. Hensley must prove that his concern about cancer was real and serious.
A southeast Georgia man has filed a lawsuit against CSX and claims that the company fired him because of his concerns about safety violations. Chase Highsmith claims CSX was negligent and violated federal regulations in maintaining railroad asbestos settlement cars. Highsmith claims he was fired as a carman, and railroad car inspector, when he complained about violations of rail safety laws.
Premises liability
If a person is injured on the property of another and suffers an injury, Railroad injury settlement amounts they could be able to bring an action against the owner of the property or the caretakers of that property. This isn’t easy, but the key to winning a premises liability claim is proving that the responsible party was legally required to ensure safety standards on their property.
For example, a flooded home could have been avoided by maintaining the culverts that transport floodwaters from the railroad injury settlement amounts (head to alacumba.com) track to the creek. The lawsuit asserts that CSX allowed debris to accumulate in these culverts over time to get blocked. This led to a blockage which caused water to back-up and unleash an inundation of floodwater.
In the second, a jury handed plaintiff Robert Highsmith almost $7 million after finding that he suffered injuries as a result of asbestos exposure while working for CSX. However the judge has declared the verdict invalid, claiming that the jury was not properly instructed about the law and denied an opportunity to discuss expert testimony.
Highsmith claims that he was employed by the railroad cancer settlement amounts as an engineer, and then was promoted to locomotive engineer. He wants reinstatement, a promotion and compensation damages, punitive damages, and interest on backpay. Highsmith however, on the other hand, Railroad Injury Settlement Amounts claims that the company’s policy was violated and that he had no legitimate reason to leave work.
Negligence
A man suing CSX over a sprain he suffered at work has claimed that the company was negligent in failing to provide the worker with a safe work environment. According to the lawsuit, the plaintiff was thrown off a tank vehicle while releasing vertical hand brakes. He suffered post-concussion injuries, fractures in his neck and leg, and a herniated disk on three different levels of his spine.
The lawsuit also asserts that the railroad asbestos settlement failed to ensure a safe space between pedestrians and trains. The lawsuit claims that a misaligned switch on the track contributed to the accident, and the plaintiff was under stress because of the demands and threats of supervisors. The lawsuit asserts that CSX violated both the Federal Employers’ Liability Act (FELA) as well as the Railway Labor Act.
Survivors of a deadly flood in Waverly (Tennessee) are suing CSX, as well as two local property owners. The families of the victims are seeking $450 million in damages. They claim that the flood could have been avoided. The lawsuit claims that CSX let debris clog the culvert underneath the train bridge which blocked the flow of water. The lawsuit asserts that the company was negligent for not clearing the culverts, and also in placing debris on the nearby property of Sherry and James Hughey.
Intentionally inflicting emotional distress
In addition to the financial loss from the flood residents of Curtis Bay are suffering emotional anxiety and fear of future catastrophes. They are also worried about the possibility of a repeat tsunami. The continual operation of the transfer facility threatens their well-being and safety. The lawsuit states that CSX must be held accountable for any harm caused by their actions.
The suit also asserts that CSX did not inform residents of the flood and the danger of the bridge that it owns. The lawsuit claims that CSX failed in its duty to clear a culvert located on its property. This resulted in a ponding process, and eventually a tidal surge. Further, the lawsuit claims that CSX was warned about the flooding issue by neighbors and New York state officials.
CSX is also arguing that the trial court’s charge of the jury in determining damages was improper and uninformed. In particular, it left the jury with the erroneous understanding that Miller was required to exert a reasonable effort to resume gainful employment within a reasonable time following his injury. The charge of the trial court didn’t clarify whether this duty continued after Miller retired from CSX in March 3, 2003. It didn’t specify that the judge at trial had the power to give an apportionment instructions that would allow the jury to determine the amount of the responsibility to CSX negligence and Miller’s smoking record and age.
