HUNTINGTON — A Proctorville, Ohio, man us suing CSX Transportation after he claims he developed lymphoma due to toxic substances he was exposed to during his employment.
John M. Holderby filed the lawsuit alleging negligence under the Federal Employers' Liability Act (FELA), according to a complaint filed in Cabell Circuit Court.
Holderby claims he was employed by CSX from April 1979 until August 2003 as an electrician.
During his employment, Holderby sustained injuries and damages while being employed by CSX at its Huntington Heavy Repair Shop, according to the suit.
Holderby claims he was exposed to diesel fuel, diesel exhaust that contained benzene, herbicides, pesticides, second-hand smoke and other fumes, gases, dusts and cancer-causing agents daily while working in the shop.
The plaintiff was exposed to toxic substances both through inhalation and touch and, because of that exposure, he developed B Cell Lymphoma, which is a form of non-Hodgkins lymphoma, according to the suit.
Holderby claims he was exposed to various levels of the toxic substances throughout the years as a result of the defendant's negligence.
"Plaintiff's exposure to the Toxic Substances was cumulative and occurred at different and variable exposure levels over the course of his career depending on his work location," the complaint states.
Holderby claims the defendant failed to provide him with a reasonably safe work environment, which was required under FELA.
CSX failed to take any effective action to minimize or eliminate exposure to the toxic substances and failed to test employees for the physical effects of exposure to the substances, according to the suit.
Holderby is seeking compensatory damages with pre- and post-judgment interest. He is represented by R. Dean Hartley and David B. Lunsford of Hartley Law Group in Wheeling.
The case is assigned to Circuit Judge Alfred E. Ferguson.
Cabell Circuit Court Case number: 19-C-509