WAYNE — A woman is suing Norfolk Southern Railway Company for the death of her husband.
Brenda Johnson's deceased husband, Charles Johnson, was employed by Norfolk from 1972 until 1999 and was injured while working in the course and scope of his employment and performing his work duties, according to a complaint filed in Wayne Circuit Court.
"While working for the defendant, the plaintiff-deceased was exposed to and caused to inhale asbestos fibers and asbestos-containing products," the complaint states. "Plaintiff-deceased was exposed to asbestos beginning in 1972 and concluding on December 31, 1979, inclusive and plaintiff is making a claim for damages related only to those exposures."
Charles Johnson's widow claims the defendant failed to warn him of the dangerous effects of exposure, failed to provide him with a reasonably safe place to work and failed to take any effective action to reduce the level of asbestos.
Brenda Johnson claims the defendant also negligently failed to use a degree of care and caution required under the circumstances, which caused her husband's death.
Because of the defendant's negligence, Charles Johnson was exposed to asbestos and contracted asbestos-related lung cancer, which resulted in permanent injuries and his death, according to the suit.
Brenda Johnson claims her late husband sustained serious and disabling injuries; suffered physical pain, discomfort and mental anguish; incurred substantial expenses for doctors and medical care; was caused to suffer wage loss; was unable to perform all the usual personal affairs of a man his age and position in life; and died as a result of the injuries.
Brenda Johnson is seeking compensatory and punitive damages. She is represented by Robert F. Dailey and D. Aaron Rihn of Robert Peirce & Associates.
Wayne Circuit Court case number: 21-C-64