CHARLESTON — A Kentucky man says Norfolk Southern Railway Company is responsible for his cancer diagnosis.
Charles L. Hatter was employed by Norfolk from 1998 until 2018 and during his employment, he was exposed to toxic substances, according to a complaint filed in Kanawha Circuit Court.
Hatter claims because of the toxic substances — including diesel exhaust, asbestos, herbicides, pesticides, diesel fuel, kerosene and others — he was diagnosed with Hodgkin's Lymphoma.
Norfolk failed to provide Hatter with a safe workplace and failed to furnish him with safety equipment to keep him from being exposed to harmful chemicals, according to the suit.
Hatter claims the defendant's actions violated the Locomotive Inspection Act and the Federal Employer's Liability Act. He claims the defendant forced him to work on defective and unsafe locomotives and locomotive boilers and their appurtenances, causing his disease.
Hatter is seeking compensatory damages. He is represented by Jacob R. Stout, John D. Hurst and John E. Guerry III of Motley Rice.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 21-C-297
