PHILADELPHIA – The wife of a deceased trackman and foreman for Conrail alleges the defendants violated the Federal Employers Liability Act (FELA) by exposing her late husband to toxic substances and causing him to develop fatal myelodysplastic syndrome.
Ann Pisarski (acting as personal representative for the Estate of Stanley A. Pisarski) of Portage filed suit in the Philadelphia County Court of Common Pleas on Nov. 6 versus Penn Central Corporation (a.k.a. American Premier Underwriters, Inc.) c/o CT Corporation Systems in Harrisburg and Consolidated Rail Corporation in Philadelphia.
According to the lawsuit, Stanley A. Pisarski worked for the defendants as a trackman and foreman from 1941 to 1984. During that time frame, Ann Pisarski alleges he was exposed “to excessive and harmful amounts of toxic substances, including diesel exhaust, benzene, creosote and/or asbestos.”
Ann further claims that less than three years before this action was filed, she discovered that “Stanley A. Pisarski’s myelodysplastic syndrome was caused or contributed to by the negligence of the defendants.”
Anne alleges the defendants violated FELA by negligently failing to provide Stanley a reasonably safe place to work and failing “to minimize or eliminate the plaintiff’s decedent’s exposure to diesel exhaust, benzene, creosote and/or asbestos,” among other charges. As a result of these allegedly illegal workplace conditions, Ann claims Stanley suffered illness and the development of myelodysplastic syndrome, which Stanley passed away from on July 1, 2015.
For a lone count of negligence, the plaintiff is seeking damages in excess of $50,000 plus costs and an eight-person jury trial.
The plaintiff is represented by Thomas J. Joyce III of Bern Cappelli, in Conshohocken.
Philadelphia County Court of Common Pleas case 171100149
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com