JOHNSTOWN – A Cambria County man claims that in his time as a railroad laborer, his workplace exposure to a host of toxic chemicals led him to contract prostate cancer and is suing a Georgia railroad company for damages.
James Ronan of Ashville filed suit in the U.S. District Court for the Western District of Pennsylvania on Nov. 10 versus Norfolk Southern Corporation of Atlanta, Ga.
“On or about September 1969, plaintiff became employed by Penn Central Transportation Company as a laborer. In early 1971, he became a machinist helper and later in 1971, became a machinist. Penn Central Transportation Company was acquired by Consolidated Rail Corporation in 1976. In 1997, defendant acquired Conrail through a joint stock purchase. From 1997 until his retirement in 2000, plaintiff was employed by defendant,” the suit says.
“For approximately 20 years of his employment, plaintiff was employed in the Air Brake Shop at the railroad’s Juniata Works in Juniata, Blair County, Pennsylvania. In connection with his work in the Air Brake Shop, the plaintiff was exposed to and required to utilize solvents, cleaners, lubricants, and other chemicals which were known to have carcinogenic effects. During his employment, plaintiff was not provided with appropriate and necessary safety equipment to prevent or reduce his exposure to these chemicals.”
The suit adds the defendant “did not provide any warning or effective instruction in the use of the chemicals to reduce or prevent exposure.”
“In January 2020, plaintiff was diagnosed with small cell neuroendocrine carcinoma of the prostate gland, an aggressive form of cancer. Small cell neuroendocrine carcinoma is caused in the vast majority of cases by cigarette smoking. Plaintiff never smoked or utilized any tobacco products during his lifetime. In March 2020, plaintiff was advised that his cancer, in the absence of a smoking history, was caused by chemical exposure,” the suit states.
“Plaintiff believes and therefore avers that the various chemicals, solvents, cleansers, and other products he was required to use during his employment in the Air Brake Shop caused or contributed to his development of the small cell neuroendocrine carcinoma. As result of his diagnosis, plaintiff has been forced to incur significant medical expenses associated with the treatment and will be forced to continue to expend significant sums for future medical treatment, has a suffered a loss of earning capacity, and has suffered pain and mental anguish. Plaintiff claims damages against defendant in an amount to be shown by the evidence at the time of trial for his injuries, for his pain and suffering, past, present and future mental and physical, for his loss of earnings during the period of time that he has been disabled, for his loss of earning capacity in the future by reason of the injuries he has received and for the expenses of his medical treatment, both past and future.”
For a count of violating the Federal Employers Liability Act, the plaintiff is seeking damages in excess of the jurisdictional minimum, plus costs, interest as allowable by law and other remedies at law or in equity, as this Honorable Court may deem just and proper.
The plaintiff is represented by Ronald P. Carnevali Jr. and Toby D. McIlwain of Spence Custer Saylor Wolfe & Rose, in Johnstown.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 3:22-cv-00204
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com