An Illinois Central Railroad (ICRR) maintenance worker alleges he suffers from respiratory illness and extreme nervousness over concerns he will develop cancer because of work-related exposure to silica, asbestos and diesel fumes.
David L. Moore filed a four-count lawsuit against ICRR and Canadian National Railway Company -- successor in interest to ICRR -- in St. Clair County Circuit Court May 5 seeking damages in excess of $200,000. He is represented by William P. Gavin of Belleville and the Jones & Granger law firm of Houston, Texas.
The plaintiff's residence is not identified in the complaint. Moore began working for the railroad in 1959.
He claims violations of the Federal Employers' Liability Act and the Locomotive Boiler Inspection Act.
Among other things, Moore alleges that the railroad failed to provide adequate instructions in the use or removeal of old asbestos products and failed to medically test him to determine if he was subject to any ill effects to asbestos-related products and other toxic substances.
"As a result of the plaintiff's respiratory illness and disease caused, in whole or in part, by defendant's negligence, plaintiff has suffered and will continue to suffer great pain and disability, mental anguish, and extreme nervousness as a result of his reasonable concern over the prospects of developing cancer caused by silica, asbestos and/or diesel fumes," the complaint states.
According to the complaint, the railroad violated the Locomotive Boiler Inspection Act by failing to provide the plaintiff with a locomotive "whose appurtenances were in proper and safe conditions."
The suit also claims the plaintiff was required to work on contaminated equipment.