CSX named in asbestos suit

By Cara Bailey | Jul 31, 2008

CHARLESTON - A national railroad company is being sued by the estate of a man who died from a disease he allegedly contracted after years of working for the railroad.

Joseph Keller filed the suit June 13 in Kanawha Circuit Court on behalf of the estate of Paul Norman Keller. The suit is against CSX Transportation, formerly the Chesapeake & Ohio Railroad.

According to the suit, Paul Keller worked for the railroad for several years, where he was exposed to toxic and harmful dusts, including asbestos dusts and fibers.

"As a direct and proximate result of his exposure to the harmful dust, fumes and other products without any lack of due care on his part, the decedent contracted lung cancer and other diseases related to such exposure," the suit says.

Keller was diagnosed with lung cancer after suffering from the illness for three years. He died Jan. 15, 2008, as a result of the cancer.

According to the suit, the railroad had a duty to provide a safe work environment under the Federal Employer's Liability Act.

Joseph Keller seeks compensatory and punitive damages as a result of the injuries of Paul Keller.

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

Kanawha Circuit Court case number 08-C-1167

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