Former CSX worker files asbestos lawsuit

By Kyla Asbury | Nov 6, 2013

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

Harold Newton Davis was employed by CSX as a laborer and track layer in Huntington from 1945 until 1946, according to a complaint filed Oct. 23 in Kanawha Circuit Court.

Davis claims he was exposed to toxic substances, including asbestos, which caused him to develop lung cancer.

On Dec. 18, Davis was diagnosed with lung cancer, according to the suit, and, at the time of his employment, he was unaware of the dangerous propensities of the toxic substances, including asbestos, chemicals and diesel fumes in which he was exposed.

Davis claims the defendant failed to provide him with a reasonably safe place within which to work and failed to furnish safe and suitable tools and equipment.

As a result of the exposure, Davis suffered great pain, mental anguish and severe injuries, according to the suit, and his enjoyment of life has been greatly reduced due to suffering from lung cancer.

Davis is seeking compensatory damages. He is being represented by John Sutter of the Sutter Law Firm PLLC and Scott A. McGee, Victoria L. Antion and John E. Guerry III of Motley Rice LLC.

The case has been assigned to a visiting judge.

Kanawha Circuit Court case number: 13-C-1997

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