Railroad job caused lung cancer, man claims

By Cara Bailey | Dec 13, 2007

CHARLESTON - A former employee of a regional railroad company has filed a personal injury lawsuit claiming he contracted lung cancer within the scope of his employment.

Freeman Ray Ayers filed a suit Nov. 28 in Kanawha Circuit Court against Norfolk Southern Corporation and Southern Railway Company.

Ayers worked in interstate commerce where he came into contact with near toxic and harmful dusts regularly. According to the suit, Ayers was unaware of the dangers of the dust, fumes and other products to which he was exposed.

As a result, Ayers contracted lung cancer, which he was diagnosed with April 10, 2007. He claims he has been suffering for the last three years.

According to the suit, Ayers claims the defendants failed to provide a safe work environment under the Federal Employer's Liability Act.

Ayers seeks compensatory damages to fully compensate him for the damages sustained, together with interest and costs.

Attorney James A. McKowen is representing Ayers. The case will be assigned to a visiting judge.

Kanawha Circuit Court case number 07-C-2550

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