South Carolina man says CSX caused lung cancer

By Kyla Asbury | Mar 27, 2012

CHARLESTON -- A South Carolina man is suing CSX Transportation after he claims it is responsible for his lung cancer.

James F. Neff was employed with the defendant from 1947 until 1953 as a shop laborer in its Rainelle shop, according to a complaint filed March 8 in Kanawha Circuit Court.

Neff claims he was diagnosed with lung cancer on Sept. 8, 2011, because of his exposure to asbestos during his employment with CSX.

CSX failed to provide Neff with a reasonably safe place to work and failed to furnish him with safe and suitable tools and equipment, including adequate protective masks and/or protective inhalation devices, according to the suit.

Neff claims CSX also failed to warn him of the true nature and hazardous effects of asbestos, chemicals and diesel fumes to which he was exposed.

CSX was negligent in allowing excessive dust or fumes from asbestos, chemicals and diesel fumes to exist and remain in the work area, according to the suit.

Neff is seeking compensatory damages. He is being represented by Scott A. McGee and John E. Guerry III.

The case has been assigned to a visiting judge.

Kanawha Circuit Court case number: 12-C-432

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