CHARLESTON — A Clay County woman is suing a railway company, alleging its negligence led to the untimely death of her husband.

Pamela Murphy, individually and as executor of the estate of Shannon B. Pettit, filed a complaint March 29 in Kanawha Circuit Court against CSX Transportation Company, alleging violation of the Federal Employer's Liability Act (FELA).

According to the complaint, between 1978 and 2013, Shannon B. Pettit was employed with CSX as a laborer and trackman, where he was exposed to toxic substances, including asbestos, which caused him to develop mesothelioma. Murphy says her husband was unaware of the dangerous propensities of asbestos that ultimately caused his death March 21, 2015. 

As a result, Murphy says she has suffered great pain due to the devastating terminal disease led to Pettit's untimely death and forced to pay medical bills. 

The plaintiff alleges CSX Transportation failed to provide employees a reasonably safe plaice to work, failed to warn Pettit of the true nature and hazardous effects of the asbestos and failed to conduct adequate, if any, industrial hygiene, epidemiological or medical studies related to asbestos and its effect on employees.

Murphy seeks trial by jury and seek judgment in an amount in excess of the jurisdictional limitation and to be determined by the trier of fact, costs of this action, and other further relief as the Court may deem just and proper. They are represented by John Hurst of Motley Rice, LLC in Morgantown.

Kanawha Circuit Court Case number 17-C-445

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