In 1966 at the age of 18, the Plaintiff went to work for a national railroad company with train yards in Chicago. He worked as a railroad fireman and engineer for the same company for 25 years before transitioning to a new career in 1991, at age 43. During those two and half decades, the engineer was regularly, repeatedly, and excessively exposed to diesel exhaust emanating from the trains. After being treated for bladder cancer, the Plaintiff sued his former railroad employer.
The personal injury attorneys at McArdle Frost presented detailed evidence which revealed that the railroad companies were clearly aware of the health risks associated with diesel exhaust in the rail yards. The railroad companies were aware of these risks for decades, based on evidence dating back to the 1950s. Timothy I. McArdle and his colleagues presented evidence that these defendants (a national railroad company with train yards in Chicago) knew of the risks of bladder cancer caused by excessively exposure to diesel exhaust, yet failed to warn its employees, or otherwise employ any means to protect those employees from diesel exhaust exposure.
In 2014, the Plaintiff was diagnosed with urothelial bladder cancer. Following that diagnosis, he required treatment which included chemotherapy, radical resection of bladder, and construction of a neo-bladder.
Moreover, the Plaintiff suffered significant, and permanent, hearing loss during medical treatment. The hearing loss was caused by the chemotherapy. As a result of that hearing loss, the Plaintiff needs to wear hearing aids.
Through the law firm of McArdle Frost, the Plaintiff sued his rail employers for violation of the Federal Employers Liability Act, and the Locomotive Inspection Act, for excessive exposure to diesel exhaust. After two years of discovery, including the disclosure of the Plaintiff’s expert witnesses, the defendant settled the case for a confidential amount.« Back to Our Successes