PITTSBURGH – A Western Pennsylvania man alleges that his Non-Hodgkin’s Lymphoma is the result of many years of exposure to toxic substances in his work duties for the Buffalo and Pittsburgh Railroad.
Tony A. Koladish of Brookville filed suit in the Allegheny County Court of Common Pleas on Jan. 13 versus Buffalo and Pittsburgh Railroad, of Rochester, N.Y.
“Throughout his career from Sept. 22, 1975 through Dec. 31, 2018, Tony A. Koladish was employed by defendant as a car repairman, hostler and locomotive engineer, and the injuries and damages were sustained by him while engaged in the course of his duties and in furtherance of interstate commerce and directly or closely and substantially affecting such commerce,” the suit says.
“From Sept. 22, 1975 through April 30, 1996, while working as a car repairman, hostler and locomotive engineer for defendant in the Brookville Yard in Brookville, Pennsylvania, plaintiff was exposed on a daily basis to excessive amounts of diesel exhaust/fumes, benzene, solvents and degreasers, and herbicides.”
The plaintiff continued describing his various and alleged toxic substance exposures.
“From May 1, 1996 through Dec. 31, 2018, while working as a locomotive engineer for defendant in the Dubois Yard in Dubois, Pennsylvania, plaintiff was exposed on a daily basis to excessive amounts of diesel exhaust/fumes, benzene, solvents, degreasers and herbicides,” per the suit.
“From Sept. 22, 1975 through Dec. 31, 2018, plaintiff was exposed to excessive amounts of diesel exhaust/fumes that were produced and expelled by the operation of diesel powered locomotives and diesel powered on track equipment; solvents and degreasers used in repairing freight cars; and herbicides from ‘spray trains.”
“From Sept. 22, 1975 through Dec. 31, 2018, while working as a car repairman, hostler and locomotive engineer for defendant, plaintiff’s exposures were cumulative and occurred throughout all locations where plaintiff was assigned to work on a daily basis during working hours.”
The plaintiff alleges that his exposure to diesel exhaust/fumes, benzene, solvents, degreasers and herbicides, in whole or in part, caused or contributed to his development of Non-Hodgkin’s Lymphoma, diagnosed on Jan. 22, 2018, and that failure to protect him from the aforementioned substances reflected negligence on the part of the defendant, in violation of federal laws.
For counts of Federal Employers Liability Act and Locomotive Inspection Act-related violations, the plaintiff is seeking damages in excess of $50,000, costs and a trial by jury.
The plaintiff is represented by Hailey A. Tutton of Bern Cappelli, in Conshohocken.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-21-000459
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com