Brooklyn Jury Gives Millions to Railroad Workers

July 31, 2006 - Following an eight-day trial, a jury in Brooklyn, NY awarded a total of $16.4 million to three plaintiffs that had been long-time employees of the Long Island Railroad (LIRR). 

The three men - Albito Velez-Zapata (age 61) of Massepequa Park, New York, Lincoln Aguirre (age 61) of Deer Park, New York, and James Harrington (age 54) of Brookville, New York – were all machinists with the railroad.  It was there job to grind gaskets on a high resolution wire wheel.  The gaskets contained deadly asbestos.  The lawsuit also stated that the three men worked around contaminated rail cars and locomotives on a regular basis.

The men filed their claims in accordance with the Federal Employee's Liability Act (FELA), a special law designed to protect interstate railroad workers. 

The jury noted that they found in favor of the men because they were convinced that the railroad knew about the dangers of asbestos dust as far back as the 1930s yet failed to warn workers of the hazards.  In return, lawyers for the LIRR stated that the men were offered dust masks, even though the company’s current literature in regards to asbestos states that dusk masks are not sufficient protection.  Furthermore, it was determined that the company didn’t start an Asbestos Awareness program until the mid 1990s, long after others in the railroad and other at-risk industries initiated such programs. 

"The LIRR treated these workers as if they were expendable or disposable, just like the machines that it was their job to repair,” said an attorney for the three workers, all of whom are currently suffering from asbestos-related lung diseases. 

Velez-Zapata was awarded $8 million.  Aguirre received $6 million and Harrington got $2.4 million.  The railroad will appeal.