CHARLESTON – A Florida woman has filed a wrongful death suit over allegations that her decedent was exposed to asbestos during his working career in West Virginia.
Lisa White, individually and as administratrix of the estate of Elice Ray Estep, filed a complaint Oct. 20 in Kanawha Circuit Court against CSX Transportation Co., individually and as successor-in-interest to the Chesapeake and Ohio Railway Co. citing the Locomotive Inspection Act and the Federal Employer's Liability Act.
According to the complaint, Estep was a Florida resident who was employed in West Virginia. He died in January 2016, the suit states.
The plaintiff alleges that Estep was employed by the defendants from 1955 to 1968 was diagnosed with lung cancer by autopsy from being exposed to asbestos.
The plaintiff holds CSX Transportation Co., individually and as successor-in-interest to the Chesapeake and Ohio Railway Co. responsible because the defendant allegedly failed to provide Estep with a safe place to work, failed to warn him of the hazardous effects of asbestos to which he was exposed and failed to provide instructions for the safe use of asbestos.
The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount that exceeds the jurisdictional limits of the court, court costs and any further relief this court grants. She is represented by John Hurst of Motley Rice LLC in Morgantown and John E. Guerry III of Motley Rice LLC in Mount Pleasant, South Carolina.
Kanawha Circuit Court case number 17-C-1447
