Lester, Charley, Lee and Baxter all worked for the Norfolk Southern Railway company dating back to the 1950s and were heavily exposed to various asbestos insulation products over many years.
As a result of this exposure each of them developed asbestosis and lung cancer.
We filed lawsuits on behalf of their survivors under the FELA, which is a special Federal Law enacted to compensate railroad workers who are injured or develop occupational disease as a result of their work.
When the railroad refused to offer what the family deemed fair compensation we went to trial against the railroad.
The railroad argued that these men were old and did not deserve much compensation. The railroad also argued that smoking was the only cause of the lung cancer and that the jury should ignore the asbestos exposure and men’s asbestosis.
The railroad also wanted the jury to ignore the company documents showing that the railroad was fully aware in the 1930’s that asbestos exposure was highly toxic to workers. After a three week trial the jury awarded over 3 million dollars to the families of the men who had all passed away from their asbestos cancer.
The railroad appealed these verdicts all the way to the Ohio Supreme Court where Kevin McDermott argued on behalf of the families. The Ohio Supreme Court ruled in favor of our clients on all issues.