Railroad caused asbestosis and colon cancer, suit claims

Steve Gonzalez Mar. 29, 2006, 2:46am

A man suffering from asbestosis and colon cancer filed a Federal Employers' Liability Act suit in Madison County Circuit Court March 27 claiming Illinois Central Railroad (ICR) is responsible for his illnesses.

Charles Cleary alleges that on May 8, 2003, he was diagnosed with asbestosis and also claims that in July or August 2005, was diagnosed with Stage 4 colon cancer. His complaint states that he has been given three- to- four years to live.

Cleary clams that his injuries were caused in whole or in part by the negligence of ICR which failed to use ordinary care to provide him with a reasonably safe place to work. The suit also claims ICR failed to supply safe methods of work, reasonably safe equipment and sufficient help.

The railroad also failed to inspect the asbestos levels and failed to modify or eliminate certain job duties so to minimize the levels of asbestos, the complaint states.

According to Cleary, he has in the past experienced and endured, and may for an indefinite period of time in the future experience and endure pain, suffering, inconvenience, irritation and annoyance.

Cleary claims that he has become liable for medical expenses, suffered loss of wages, and has suffered an impairment of his general health, strength and vitality, and the loss of the ability to enjoy life.

Represented by Daniel Francis of St. Louis, Clearly is seeking damages in excess of $50,000 plus all costs of the suit.

The case has been assigned to Circuit Judge Andy Matoesian.

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