PHILADELPHIA – Two officials from the Philadelphia Flyers are now suing the hockey team and others in state court, charging that incurable diseases the men developed resulted from their exposure to cancer-causing chemicals emitted from the Zamboni machines used to clean the ice in between periods.
James M. McCrossin and Robyn K. McCrossin of Stone Harbor, N.J. and Salvatore P. Raffa and Holly E. Raffa of Warrington filed suit in the Philadelphia County Court of Common Pleas on April 12 versus Comcast Holdings Corporation, Comcast Spectacor Holding Company, LLC, Comcast Spectacor, LLC, Comcast Spectacor Ventures, LLC, Flyers Skate Zone, LP, FPS, LLC, FPS, LP, FPS Rink, LLC and FPS Rink, LP, all of Philadelphia, FPS Urban Renewal, Inc. of West Trenton, N.J., plus ABC Companies.
Plaintiff Jim McCrossin, who has been with the Flyers since 2000 and serves as its Director of Medical Services, alongside co-plaintiff Salvatore Raffa, who has been with the Flyers since 2004 and serves as its Assistant Athletic Trainer, say they were each diagnosed with incurable blood diseases and/or cancer last year.
According to the suit, McCrossin contracted rare medical conditions essential thrombocythemia and myeloproliferative neoplasm, along with a terminal blood cancer named myelofibrosis, which is terminal.
Furthermore, Raffa developed an incurable disease called thrombocythemia, which has previously been linked to other blood diseases and being causative of other medical maladies, such as strokes.
Per the litigation, the men say their medical conditions were caused by exposure to carcinogenic chemicals emitted by the Zamboni machine used at the Flyers’ training facility in nearby Voorhees, N.J.
The plaintiffs argue that the training room did not feature proper ventilation and drainage systems, or have a constructed barrier to protect them against exposure to carcinogens.
“Their employment as athletic trainers required plaintiffs James M. McCrossin and Salvatore P. Raffa to spend most of their working hours in the training room of the Flyers Training Center, which is adjacent to the Zamboni room, and/or other areas in close proximity to the operation of the Zamboni machine. Plaintiffs James M. McCrossin and Salvatore P. Raffa were exposed to the defendants’ carcinogen-emitting equipment and/or machinery, and to the vapors, aerosols, mists and gases from said equipment and/or machinery, by means of direct and/or indirect contact, inhalation, and/or dermal absorption,” the suit says.
“Plaintiffs James M. McCrossin and Salvatore P. Raffa did not know, understand or fully appreciate the nature and extent of the danger posed by defendants’ carcinogen-emitting equipment and/or machinery, including the risk of developing certain cancer(s), including blood cancer(s), blood disorder(s) and other blood and bone marrow disease(s). As a direct and proximate result of repeated and prolonged exposure to carcinogen-emitting equipment and/or machinery, and to the vapors, aerosols, mists, and gases from said equipment and/or machinery, plaintiffs’ risk of developing certain cancer(s), including blood cancer(s), blood disorder(s) and other blood and bone marrow disease(s) became unnecessarily and significantly higher than the average person.”
The plaintiffs say that the defendants should have known the medical risks of their being exposed to dangerous chemicals in the team’s training facility, such as, benzene, aryl hydrocarbon receptor particulates, polynuclear aromatic hydrocarbons, particulate matter 2.5, polycyclic aromatic hydrocarbons, formaldehyde and/or certain dioxins & dibenzofurans.
“As a direct and proximate cause of defendants’ indoor use of carcinogen-emitting equipment and machinery, an abnormally dangerous and ultra-hazardous activity, plaintiffs suffered and will continue to suffer serious and permanent injuries,” the suit states.
Plaintiff counsel from Philadelphia law firm Kline & Specter issued the following statement on behalf of their clients.
“Jimmy McCrossin and Sal Raffa are beloved figures in Philadelphia sports and it is our honor to represent them. Their cancer diagnoses are tragic and their exposure to toxic compounds in the workplace was unnecessary and preventable. We look forward to seeking justice for them in this very important case,” plaintiff counsel’s statement read.
Additionally, the Philadelphia Flyers also released a statement in response to the lawsuit.
“The safety of our employees and guests at the Flyers Training Center and all of our facilities is always a top priority for us. We have looked into the allegations made by Jim McCrossin and Sal Raffa over the course of several months, and, based on that, believe that their claims have no merit. Beyond that, we cannot comment further given that this matter is in litigation,” the team said.
For counts of negligence, strict liability and loss of consortium, the plaintiffs are seeking damages in excess of the prevailing arbitration limits, exclusive of pre-judgment interest, delay damages and costs on all counts.
The plaintiffs are represented by Thomas R. Kline, James J. Waldenberger and Elia Robertson of Kline & Specter, in Philadelphia.
The defendants have not yet obtained legal counsel.
Philadelphia County Court of Common Pleas case 220400997
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com