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CSX Railroad Lawsuit

CSX Transportation faces a class action lawsuit filed by residents of the Curtis Bay community. The lawsuit asserts that an explosion at the CSX facility led to air pollution, including arsenic, lead and silica.

The plaintiff was employed by CSX from 1962 to 2002. While working for the company, he had been exposed to diesel exhaust fumes and asbestos. He was diagnosed with lung cancer and lung diseases.

Damages

The CSX Transportation railway may have been responsible for a flooding that caused massive damage to a small North Carolina community. The lawsuit claims that the railroad allowed a culvert be blocked by debris which caused water to flow back and become pressurized until it burst out of the blockage into the town of Waverly. The resulting tsunami destroyed homes, forced residents to move and killed at least one person. The town's residents claim that CSX did not warn them about the dangers that could result from the flood, which they claim was caused by the railroad's failure to clear the clogged the culvert.

Plaintiffs have presented evidence that the vegetation at the Jordan Street crossing was so overgrown that motorists were unable to see whether a train was approaching and that is enough to establish that CSX was negligent in maintaining the rail line. CSX asserts that the trial judge had abused their discretion in allowing this evidence, and the jury was instructed that Mr. Hensley had to prove that his fear of a cancerous tumor was real and serious.

A southeast Georgia man has filed a lawsuit against CSX accusing the company of having fired him in part because of his complaints about safety violations. Chase Highsmith claims CSX violated federal regulations and was negligent in its maintenance of rail vehicles. Highsmith claims he was dismissed from his position as carman and railroad back injury settlements vehicle inspector for reporting infractions of rail safety regulations to the Federal Equipment Operators railroad cancer Administration.

Premises liability

If a person suffers an injury on someone else's property, they may be able to file an action against the owner or caretakers of the property. It can be difficult to prove, but the most important thing is to prove that the person who caused the injury had a legal obligation to ensure safety standards were maintained on their premises.

A home that floods, for example, could have been avoided by maintaining the culverts which carry water between the railroad settlement track and the creek. The lawsuit claims that CSX permitted debris in these culverts over time to get blocked. This caused blockages that caused water to back up, releasing an inundation of floodwater.

In the second case, the jury awarded plaintiff Robert Highsmith nearly $7 million after finding that he suffered injuries from exposure to asbestos during his time at CSX. A judge has now upheld the verdict, saying the jury was not properly informed about the law and was denied the chance to consider the testimony of an expert witness.

Highsmith claims that he was hired as a fela railroad settlements engineer, and was promoted to locomotive engineer. He's seeking reinstatement, promotion as well as compensation damages, punitive damages, as well as interest on backpay. Highsmith however, on the other side, claims that he violated the company's policies and had no legitimate reason for him to be absent from work.

Negligence

A man who is suing CSX over an injury that he suffered at work claims that the company acted negligently by failing to provide an environment that was safe for workers. According to the lawsuit, the plaintiff fell off a tank as he was applying vertical brakes. He suffered post-concussions as well as fractures to his neck and leg, and a herniated disk on three different levels of his spine.

The lawsuit also claims that the railroad cancer lawsuit did not keep the proper distance between pedestrians and trains. It says that a misaligned track switch caused the accident, and that the plaintiff was in a state of stress because of requests from supervisors and threats of discipline. The lawsuit claims that CSX violated the Federal Employers' Liability Act and the Railway Labor Act.

Survivors of a deadly flood in Waverly (Tennessee) are seeking to sue CSX, Railroad Lawsuit as well as two local property owners. The families of the victims are seeking $450 million damages. They claim that the flood could have been avoided. The lawsuit asserts that CSX allowed a variety of debris to get into the culvert under the train bridge which impeded the natural flow of water and backed up the waters. The lawsuit asserts that the company was negligent in failing to clear culverts and piles of debris onto the nearby property that is owned by Sherry Hughey and James Hughey.

Intentional infliction of emotional distress

Residents of Curtis Bay also suffer from anxiety and stress over future disasters. They are also worried about the possibility of a second surge in the tidal. Additionally the facility's ongoing operation threatens their safety and well-being. The lawsuit asserts that CSX is liable for harms caused by its actions.

The suit also asserts that CSX did not inform residents of the flood and the danger of the bridge that it owns. The lawsuit also asserts that CSX was not able to clear a culvert located on its property. This caused ponding and eventually, a tidal rise. In addition, the suit claims that CSX was warned of the issue of flooding by its neighbors and by New York state officials.

CSX also argues that the trial court's charge to the jury regarding mitigating damages was improper and incomplete. In particular, it left the jury with a misguided belief that Miller was obligated to exert an effort to resume work in a reasonable time following his injury. The charge of the trial court did not clarify whether this obligation remained in place after Miller retired from CSX on March 3, 2003. In addition, it did not clarify that the trial court was free to issue an apportionment order that would have allowed the jury to distribute the blame between CSX's negligence as well as Miller's age and past history of smoking.