ViewDamico Donahoe

Burns White Obtains Jury Verdict for Two Class I Railroads

Plaintiff sued two Class I railroads in Philadelphia County, Pennsylvania alleging that he developed lung cancer as a result of his alleged exposures to asbestos and diesel exhaust while working as a machinist in the Juniata, Pennsylvania shop from 1976-2007. The plaintiff underwent a right lung lobectomy, followed by radiation and chemotherapy. The radiation burned his esophagus, and led to a 50-pound weight loss. After a brief remission, plaintiff developed Stage 4 lung cancer in his other lung.

The defendants, represented by David A. Damico and Daniel B. Donahoe, maintained his history of smoking—with some additional contribution from his exposure to Agent Orange while serving in Vietnam—caused his lung cancer.

The jury returned a verdict in favor of the railroad defendants, finding no medical causation.