Attorneys David Damico and Ashley Horton obtained a unanimous defense verdict in the Court of Common Pleas, Philadelphia County, Pennsylvania. Plaintiff alleged he contracted multiple myeloma as a result of his work at three railroads from 1975 until 2007. It was alleged his multiple myeloma was the result of exposure to benzene from diesel exhaust. In the trial that took place September 20 through September 27, 2019, Plaintiff claimed damages under the Federal Employers’ Liability Act (FELA) and Locomotive Inspection Act. In addition to testimony from plaintiff and plaintiff’s spouse, both the plaintiff’s counsel and defense presented divergent expert testimony from industrial hygienists and oncologists.
After a week-long trial, the jury returned a unanimous verdict in favor of the railroad defendants, finding no negligence and no violation of the Locomotive Inspection Act.