The Harris, CSX, Benzene & Multiple Myeloma is about railroad worker that alleged his multiple myeloma was caused by his exposure to benzene from the diesel exhaust fumes or diesel exhaust during his time on the job a the railroad.
Harris, CSX, Benzene & Multiple Myeloma: A case in the Supreme Court of Appeals West Virginia, ruled on an appeal of summary judgment (defendant was trying to preclude the expert opinions showing multiple myeloma can be caused by benzene exposure( from diesel exhaust).
A brief summary of the case follows:
- An appeal of an order of the Circuit Court of Marshall County granting summary judgment in favor of CSX Transportation, Inc. (“CSX”).
- The circuit court granted summary judgment after ruling that Petitioner was precluded from calling her three expert witnesses at trial.
- The dispositive issue presented by the Petitioner in this appeal is whether the circuit court committed error in finding the scientific testimony of Petitioner’s three expert witnesses was not reliable.
- This action was originally filed by Ronald K. Harris under the Federal Employers’ Liability Act (fela) and the Locomotive Inspection Act against his employer, CSX.
- The complaint alleged that Mr. Harris’ exposure to diesel exhaust fumes while employed by CSX caused him to develop a type of cancer called multiple myeloma.
- Allege that Mr. Harris’ death resulted from his exposure to diesel exhaust fumes.
- Petitioner called her three experts, Dr. Peter Infante, Ph.D.; Dr. Lawrence Goldstein, Ph. D.; and Dr. Brian Durie, M.D. CSX called two expert witnesses: Dr. Peter Shields, M.D. and Dr. Laura Green, Ph.D.
- The Court ruled: The Judgment is reversed and remanded.
- To find out more on the case, see Case No. 12-1135 – November 13, 2013.
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases.
If you have been diagnosed with a serious disease (e.g., leukemia, cancer, AML, kidney cancer, multiple myeloma, non-hodgkins lymphoma etc.) from benzene exposure, and need a benzene lawyer to help you file a benzene exposure lawsuit, contact our office at 1.844.329.5955.
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