HUNTINGTON — A man is suing CSX Transportation claiming the railway company is responsible for his cancer diagnosis.
Throughout his life, Dwight Fisher was a boilermaker and mechanic and he was continually exposed to diesel exhaust/fumes, asbestos dust and fibers, degreasers and welding fumes and other occupational fumes, dusts, gases and cancer-causing agents, according to a complaint filed in Cabell Circuit Court.
Fisher claims his exposures were cumulative and occurred throughout his work career on a daily basis and caused him to develop laryngeal cancer.
The plaintiff's laryngeal cancer was the result of the negligence of the defendant in that it utilized known cancer-causing materials in its operations, according to the suit.
Fisher claims the defendants knew or should have known the toxic substances were poisonous and harmful to employees' health.
The plaintiff's cancer was the result of the negligence of the defendant, as it had a duty to provide a safe workplace for its employees and failed to do so, according to the suit.
Fisher claims the defendants failed to use ordinary care and caution to provide him with a safe workplace and failed to test the diesel locomotives, facilities and equipment for the toxic substances and failed to warn the plaintiff of the risk of contracting cancer as a result of exposure.
"Plaintiff's laryngeal cancer was caused or contributed to, in whole or in part, by the negligence of the Defendant and/or the negligence of the railroad's agents, servants and/or employers," the complaint states.
Fisher is seeking compensatory damages. He is represented by Troy N. Giatras, Matthew Stonestreet and Phillip A. Childs of The Giatras Law Firm in Charleston.
The case is assigned to Circuit Judge Paul T. Farrell.
Cabell Circuit Court case number: 22-C-129