Ky. man sues CSX for lung cancer

CHARLESTON -- A Kentucky man is suing CSX Transportation after he developed lung cancer.

Roy E. Scudder was employed by CSX Transportation from 1948 until 1984 as a laborer and operator, according to a complaint filed June 8 in Kanawha Circuit Court.

Scudder claims during his employment he was exposed to toxic substances, including asbestos, chemicals and diesel exhaust.

On Aug. 28, 2007, Scudder was diagnosed with lung cancer, according to the suit.

Scudder claims the defendants failed to provide him with a reasonably safe work place; failed to furnish him with safe and suitable tools and equipment; and failed to warn him of the true nature and hazardous effects of the asbestos, chemicals and diesel fumes.

Scudder is seeking judgment in an amount to be determined by a jury. He is being represented by James A. McKowen and John E. Guerry III.

The case has been assigned to a visiting judge.

Kanawha Circuit Court case number: 10-C-1023