Rail Company Sued for Asbestos-Related Death

By Brian Vargo

Published on July 22, 2005

In the June 27 lawsuit, Mildred Bagwill says her husband's death from lung cancer and other pulmonary conditions could've been prevented. She contends her husband, Robert, was not warned or protected from exposure to chemicals such as asbestos, free silica, diesel fumes and gasoline fumes.

Her husband died in October 2002 after suffering from conditions such as lung cancer, asbestosis, occupational asthma and bronchitis.

The widow seeks more than $50,000 in damages under the Federal Employers' Liability Act, a special worker compensation law for railroad employees. But unlike "no fault" state worker laws, this federal act requires injured workers or their families to prove the railroad company was negligent.

Bagwill argues the company was negligent by failing to provide:

Protective suits or equipment

Adequate ventilation

A safety policy for handling hazardous chemicals

Medical tests to detect health problems

Railroad officials won't comment on pending litigation.

Bagwill's widow is seeking compensation for her husband's physical and mental suffering, medical bills and future earnings that he would have provided for his wife and children.

A court date has not been scheduled yet.

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