Norfolk Southern Railway sued over non-Hodgkin's Lymphoma diagnosis

By Kyla Asbury | Jul 25, 2013

WAYNE - A former employee is suing Norfolk Southern Railway Company after he was diagnosed with non-Hodgkin's Lymphoma.

Oscar Varney was diagnosed with non-Hodgkin's Lymphoma in February 2011, according to a complaint filed July 3 in Wayne Circuit Court.

Varney claims the injury was caused by the defendant's negligence in failing to provide him with a reasonably safe place in which to work.

From 1974 until 2011, Varney was employed by the defendant as a trackman/machine operator/foreman in the track department and was injured while working in the course and scope of his employment and performing his duties as one of the defendant's employees, according to the suit.

Varney claims the defendant failed to issue and enforce appropriate safety rules limiting or eliminating exposure to toxic or pathogenic materials and negligently failed to use the degree of care and caution required under the circumstances.

As a result of the defendant's actions, Varney suffered a loss of enjoyment of life and suffered an impairment of his earning capacity and medical expenses, according to the suit.

Varney is seeking compensatory damages. He is being represented by Robert F. Daley and D. Aaron Rihn of Robert Peirce & Associates PC.

The case has been assigned to Circuit Judge James H. Young Jr.

Wayne Circuit Court case number: 13-C-135

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