Asbestos and silica dust exposure: Inadequate warnings, education: FELA liability: Lung disease: Settlement

Law Reporter, Apr 2000

Banks v. CSX Transp., Inc., Va., Portsmouth Cir. Ct., No. L- 98-1683, Oct. 1999.

Banks, 56, was a railroad track maintenance/machine operator. He was diagnosed with permanent interstitial lung disease, allegedly caused by exposure to silica dust and asbestos. He is now disabled. His medical expenses were covered under a union and railroad health agreement. He had been earning approximately $37,000 annually.

Banks sued the railroad under the Federal Employer's Liability Act, 45 U.S.C. 51 et seq. Plaintiff alleged defendant failed to (1) protect its employees through adequate education, warnings, and training regarding asbestos and silica dust and (2) provide adequate respirators.

The parties settled for $230,000. Plaintiff also received a tax allocation toward a government pension.

Plaintiff's experts included Peder Melberg, rehabilitation, Glen Allen, Va.; Leonard Vance, industrial hygiene, Richmond, Va.; Peter Kussin, pulmonology, Charlotte, N.C.; and William Reese, economics, and Frederick Stitik, radiology, both of Virginia Beach, Va.

Defendant's experts included Paul Fairman, pulmonology, and Rick Prim, vocational rehabilitation, both of Richmond, Va.

Plaintiffs Counsel

*Richard N. Shapiro, Virginia Beach, Va.