Benzene, Union Pacific, Cleaver and NHL is about Union Pacific employee that worked as trackman and heavy equipment operator that alleges he was “exposed to various toxic substances and carcinogens that caused his non-hodgkin’s lymphoma (NHL). A brief summary of the Benzene, Union Pacific, Cleaver and NHL case is as follows:
- Cleaver’s FELA action was filed in this court on October 26, 2018.
- Cleaver was a trackman and heavy equipment operator for Union Pacific. The complaint alleges exposure to toxins while working for Union Pacific caused or contributed to Cleaver’s development of Non-Hodgkin’s lymphoma.
- Union Pacific served requests for admissions on Plaintiff’s counsel on March 19, 2019. The requests asked Cleaver to admit:
- Cleaver’s exposure to: • diesel fuel • diesel exhaust • diesel fumes • benzene • herbicides • creosote, and/or • asbestos fibers during his employment with Union Pacific did not cause or contribute to his non-Hodgkin’s lymphoma.
- Union Pacific:
- provided Cleaver with a reasonably safe place in which to work as required by the Federal Employers Liability Act
- acted reasonably to minimize or eliminate Cleaver’s exposure to toxic materials and carcinogens
- took reasonable steps to warn Cleaver of the risks of exposure to potential carcinogens
- made reasonable efforts to monitor the levels of exposure of Cleaver to potential carcinogens, and
- provided Cleaver with protective equipment designed to reasonably protect him from exposure to toxic materials and carcinogens and there are no known causes of mantle cell lymphoma.
- Union Pacific moved for summary judgment on July 31, 2019
For more on the Benzene, Union Pacific, Cleaver and NHL case in the United States District Court, D. Nebraska, please follow this link: Benzene, Union Pacific, Cleaver and NHL.
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