Madison - St. Clair Record

Wednesday, October 23, 2019

Trackman's estate sues BNSF over toxic fumes

By Kelly Holleran | Feb 18, 2010

The executrix of a deceased man's estate has filed suit against his former employer, saying he developed respiratory and cardiovascular problems after being exposed to toxic fumes while working.

Maria Seijas claims the recently deceased Roberto Seijas worked as a trackman and machine operator for BNSF Railway Company from 1971 until 2008.

During the time of his employment, Roberto Seijas was exposed to numerous airborne pollutants, chemicals, toxins, ballast dust and diesel fumes, which led him to experience a heart attack on May 15, 2008, according to the complaint filed Feb. 11 in Madison County Circuit Court.

Before his death, Roberto Seijas sustained severe and permanent injuries to his respiratory and cardiovascular systems, lungs, heart and body, which caused him to suffer great pain and mental anguish, the suit states. In addition, he lost money, experienced an extinguished earning capacity and incurred medical costs, the complaint says.

Maria Seijas blames BNSF for causing Roberto Seijas' death, saying the company was guilty of a number of negligent acts, including its failure to provide safe tools, proper equipment and adequate supervision; its failure to warn him of hazardous conditions; its allowance of unsafe business practices to become common; and its assigning work to Roberto Seijas that it knew would cause him injury.

In her complaint, Maria Seijas seeks a judgment of more than $50,000, plus costs.

Gregory M. Tobin of Pratt and Tobin in East Alton will be representing her.

Madison County Circuit Court case number: 10-L-160.

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BNSF Railway

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