A Grand Rapids, Mich. man filed a Federal Employers' Liability Act complaint against 15 defendants in Madison County Circuit Court Jan. 7, alleging he was exposed to asbestos during his 29-year career with CSX Transportation.
Represented by Brent Coon & Associates, Larry Crump claims he would regularly and frequently service, replace and install asbestos containing brakes on box cars on track 36 in Grand Rapids from 1978 until 2007, which disturbed the asbestos content of the friction product which he breathed into his lungs, which caused or contributed to his lung cancer diagnosis on Oct. 8, 2007.
"Although he did not work on engines, but (sic) he worked in close proximity around other tradesmen who were regularly and frequently using, handling, and/or distributing asbestos wrap which caused respirable asbestos to become airborne which he breathed into his lungs," the complaint states.
Crump also claims he was employed at Magnus Steel in Clayton, Mo. during the 1960s pouring hot molten steel, working on charged industrial machines and performed tear-out and replacement of asbestos-containing mud and refractory cement on furnaces.
Crump also worked at Bodine Aluminum in St. Louis for a nine-month stint in the early 1970s and as an assistant plumber in St. Louis installing residential sinks and toilets.
"Plaintiff suffered exposure to hazardous and carcinogenic substances during the entire course of his employment," the complaint states.
Crump claims he was unaware of the dangers of the toxic substances he was working with and around but claims CSX knew or should have known that exposure to toxic substances were dangerous and potentially deadly.
He claims CSX failed to provide him a safe place to work, failed to limit his exposure to hazardous substances, failed to warn him of the danger of his chronic exposure, failed to provide appropriate safety garments and equipment to minimize exposure and failed to adequately train and supervise him.
Crump also alleges the railroad failed to satisfy contemporary industrial and relevant government safety standards, failed to inspect their premises, failed to conduct industrial hygiene monitoring, failed to install adequate engineering controls and failed to implement medical monitoring to determine exposure levels.
According to Crump, his lung cancer caused him and will continue to cause physical pain and suffering and mental anguish, loss of wages and benefits and loss of earning capacity in the future, disfigurement and medical expenses.
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