Former Railroad Employee Sues Consolidated Rail Corporation

November 30, 2006 - A 40-year employee of Consolidated Rail has sued the company, along with its insurer (American Premiere Underwriters), because he’s developed an asbestos-related disease which could eventually turn into the cancer, mesothelioma.

James Graetz, who worked for Consolidated from 1950-1990, claims he was exposed to asbestos dust or fibers, silica dust or coal dust during his job as a hostler, fireman, and engineer at the company.  Graetz states that he worked around the tracks, shops, roundhouses, and yards.

According to an account in the Madison County Record, Graetz’s lawsuit affirms that “the defendants knew, or should have known that he would be exposed to asbestos dust or fibers and those exposures were dangerous, toxic and potentially deadly.”

It also stresses that “the defendants failed to provide him with a reasonably safe place to work, failed to provide him with safe and suitable tools and equipment including protective masks, failed to warn of the true dangers of asbestos products, silica or coal and failed to operate the locomotive repair facility in a safe and reasonable manner”, and that Consolidated “allowed unsafe practices to become standard practices, failed to test materials before allowing employees to work with them, failed to provide safe and proper ventilation systems and required employees to work with ultra-hazardous products and materials.”

Graetz’s lawsuit also states that the company should have provided shower facilities for employees so that they didn’t bring the dust into their homes, therefore exposing their families, and that he should have been told to leave his work clothing at work, with the opportunity to change into clean clothes in a sanitary locker facility that should have been constructed on-site. 

The complaint also says that Graetz has “sustained a loss of earning capacity and his ability to render services, society, affection, counseling and support to his family has been diminished, his life expectancy has been shortened and his enjoyment of life has been impaired."