PHILADELPHIA – The estate of a former signalman for both Conrail and Amtrak says those companies violated the Federal Employers Liability Act (FELA) by exposing him to toxic substances and causing him to contract a fatal case of colon cancer.
Anne Mason of Kissimmee, Fla. (representative of the Estate of John T. Mason) filed suit in the Philadelphia County Court of Common Pleas on Sept. 26 versus Consolidated Rail Corporation (Conrail) and National Rail Passenger Corporation (Amtrak), both of Philadelphia.
The suit says John Mason worked for the defendant as a signalman from 1976 to 2001. During that time frame, Anne Mason alleges he was “exposed to excessive and harmful amounts of toxic substances, including diesel exhaust, benzene, creosote, and/or asbestos.”
The plaintiff claims that less than three years before this action was filed, Anne “discovered that John’s colon cancer was caused or contributed to by the negligence of the defendants.”
Anne alleges the defendants violated FELA by negligently failing to provide John a reasonably safe place to work and failing “to minimize or eliminate John Mason’s exposure to diesel exhaust, benzene, creosote, and/or asbestos,” among other charges. Due to these conditions, Anne claims John suffered illness and the development of colon cancer, which proved fatal to John on Sept. 28, 2014.
For one count of FELA violation, the plaintiff is seeking damages in excess of $50,000 and the costs of this action, in addition to an eight-person trial by jury.
The plaintiff is represented by Thomas J. Joyce III and Mark J. Mustin of Bern Cappelli, in Conshohocken.
Philadelphia County Court of Common Pleas case 170902942
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com