Benzene, BNSF Railway, Sherman and Colon Cancer

 in Benzene / Cancer / Case Watch℠  tagged benzene / BNSF Railway / clerk craft / colon cancer / crew caller / fela / illinois / train order operator (updated 527 days ago)

Benzene, BNSF Railway, Sherman and Colon Cancer is about an Illinois railyard – as a train order operator, crew caller, and in the clerk craft – employee that alleges her workplace exposure to toxic substances and carcinogens – asbestos, coal dust residue, solvent fumes, oil mist, diesel exhaust, benzene, and brake dust – caused her colon cancer.  A brief summary of the Benzene, BNSF Railway, Sherman and Colon Cancer case follows:

Plaintiff Judith Sherman filed the instant lawsuit on May 2, 2017 against Defendant BNSF Railway Company (BNSF) pursuant to the Federal Employers’ Liability Act, 45 U.S.C. 51 et seq. 

  • Specifically, the Plaintiff alleged that from 1957 to 2001, she was employed by the Defendant in its Galesburg, Illinois railyard as a train order operator, crew caller, and in the clerk craft.
  • She alleged that during the course and scope of her career with the Defendant and while working in its yards, building, and offices and near locomotives and other heavy machinery: she was exposed to various toxic substances and carcinogens including but not limited to asbestos, coal dust residue, solvent fumes, oil mist, diesel exhaust, benzene, and brake dust; she was routinely, on a daily basis, at various levels exposed to those toxic substances and known carcinogens, whether by touch, inhalation, and/or consumption; and the foregoing exposures caused or contributed to her development of colon cancer which was diagnosed on May 7, 2014.
  • The Plaintiff further alleged her exposure was cumulative and occurred daily or on a regular basis at different and variable exposure levels over the course of her career depending on her work location at a given moment throughout any given day.
  • Finally, the Plaintiff alleged her cancer and subsequent symptomatology are the result of the negligence of the Defendant in that it utilized the aforementioned known cancer causing materials in its operations.

The Court ordered as follows:

  • For the foregoing reasons, Defendant BNSF Railway Company’s Motion to Exclude Plaintiff’s Expert Dr. Mark Levin (Doc. 100) is GRANTED
  • Defendant’s Motion to Exclude Plaintiff’s Expert Leonard Vance, Ph.D. (Doc. 101) is MOOT, and
  • Defendant’s Motion for Summary Judgment (Doc. 107) is GRANTED.
  • The Clerk is directed to terminate this case.

For more on the Benzene, BNSF Railway, Sherman and Colon Cancer case in the United States District Court, C.D. Illinois, Peoria Division, please follow this link: Benzene, BNSF Railway, Sherman and Colon Cancer

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