Railroad Work: Asbestos Court Decisions

Decisions in our case-law library that involve railroads: 111 cases, by state. Each line gives the exposure the court described, or else what it decided. For the topic itself, see Railroad Work.

Alabama

• General Motors Corp. v. Kilgore (2002). Employee of Norfolk Southern Railroad at Norfolk Southern Railroad Company, 1941-1983
• Greene v. CSX Transp., Inc. (2002). Railroad employee at 1947-1971
• Ex parte Wilkerson (2000). Railroad employee at roughly 30 years
• Wilkerson v. Burlington Northern RR Company (1999). Machinist at IC machine shop (later BN), 1950-1951, 1953-1983

Arizona

• Perez v. Southern Pacific Transp. Co. (2nd Division, Dept. A, 1993). Daughter of a boilermaker (exposed via his work clothes and visits to the rail yard) at Southern Pacific Tucson rail yard, family home, 1931-1951

Arkansas

• Gray v. BNSF Railway Company (2023). Bridge and building carpenter
• Alcoa v. Vann (2nd Division, 1985). Machinist at Missouri Pacific Railroad, 1936-early 1950s

California

• Hahn v. New York Air Brake LLC (1st Appellate District, 5th Division, 2022). Job with the Agency (work in close proximity to mechanics replacing brakes) at San Francisco Municipal Transportation Agency light-rail vehicles
• Kesner v. Superior Court and Haver (2016). Wife of fireman and hostler Mike Haver, exposed via his clothing, tools and vehicle at Atchison, Topeka, and Santa Fe Railway (BNSF predecessor), 1972-1974
• BNSF Railway Company v. Superior Court for County OF Los Angeles (2nd Appellate District, 4th Division, 2015). Worker at a dismantling facility and roundhouse at dismantling facility and roundhouse in Wichita, Kansas, owned by BNSF's predecessor
• Quiroz v. BNSF Railway Company (2nd Appellate District, 4th Division, 2015). Switchman, brakeman and conductor at Barstow railroad yard, 1966-2004
• Haver v. BNSF Railway Co. (2nd Appellate District, 5th Division, 2014). Railroad employee (husband Mike Haver) at BNSF (Santa Fe Railway) premises, 1970's
• Haver v. BNSF Railroad Co. (2nd Appellate District, 5th Division, 2012). Employee of the railroad (her former husband Mike Haver) at Atchison Topeka and Santa Fe Railroad (BNSF predecessor), 1972-1974
• Haver v. BNSF Railway Company (2nd Appellate District, 4th Division, 2010). Hostler (husband Mike Haver) at Barstow diesel shops, Santa Fe Railroad yard, 1972-1974
• Ransford v. Griffin Wheel Company, Inc. (1st Appellate District, 2nd Division, 2009). Repairing and replacing brakes on locomotives and rolling stock at Union Pacific and Southern Pacific railroads, 39 years
• Frastaci v. Vapor Corporation (1st Appellate District, 4th Division, 2007). Locomotive repairman at Wheeling and Lake Erie Railroad, 1946-1948
• Scheiding v. General Motors Corp. (1st Appellate District, 2nd Division, 1998). Railroad machinist and locomotive mechanic at 1952-1983
• Jenkins v. T & N Plc (2nd Appellate District, 7th Division, 1996). Yard clerk at St. Louis Southwestern Railroad, 1942, 1946, 1947

District of Columbia

• Consolidated Rail Corp. v. Ray EX rel. Boyd (2010). Railroad worker at Erie Lackawanna Railroad, 1942-1976

Georgia

• Bowers v. CSX Transportation, Inc. (2023). Trackman, track inspector, machine operator, and road master at CSX railroad, 1969 to 2002

Idaho

• Stephens v. Union Pacific R. Co. (2019). Child of a roundhouse worker; dust on father's work clothes at Union Pacific roundhouse, Weiser, late 1940s and early 1950s
• Stephens v. Union Pacific Railroad Company (2018). Son of a railroad roundhouse worker at Union Pacific Weiser roundhouse, 1944-1954

Illinois

• Smith v. Illinois Central R. Co. (4th District, 2015). Wheel and axle shop and storeroom worker, then scrap dock worker at Bloomington rail yard, 1955-1958
• Fennell v. Illinois Central Railroad Company (5th District, 2012). Worked in various capacities for the railroad at Illinois Central Railroad, Jackson, Mississippi facility, 1970-2007
• Laverty v. CSX Transportation, Inc. (5th District, 2010). Railway fireman and engineer at Saginaw, Michigan railroad work (Pere Marquette Railroad / Chesapeake & Ohio Railway), 1940-1942, 1945-1979
• Simpkins v. CSX Corp. (5th District, 2010). Spouse of railroad worker (husband a steelworker, welder, railroad fireman, laborer) at B & O Railroad, 1958 to 1964
• Spain v. Owens Corning Fiberglass Corp. (4th District, 1999). Pipefitter's helper at Wabash Railroad

Indiana

• Aurand v. Norfolk Southern Railway Company (2010). Yard conductor

Kansas

• Little v. the Budd Company, Inc. (2020). Pipefitter at ATSF Topeka car shops
• Little v. Budd Company (2019). Pipefitter at Atchison Topeka & Santa Fe Railroad passenger railcars
• Little v. Budd Co. (2018). Pipefitter and Sheet Metal Worker at ATSF repair shops, Topeka, 1951-1981
• Little v. Budd Company (2018). Employee of ATSF Railroad at Atchison Topeka & Santa Fe Railroad passenger railcars
• Little v. Budd Company (2018). The court denied The Budd Company's motion to amend and certify its two earlier orders on Federal Safety Appliance Act preemption for interlocutory appeal, so plaintiff Nancy Little prevailed on the motion.
• Little v. the Budd Company (2018). The district court overruled The Budd Company's objection and affirmed the magistrate judge's order denying its motion to add a ninth expert witness and reopen discovery, so plaintiff Nancy Little prevailed on this motion.
• Little v. the Budd Company (2018). Pipefitter at Atchison Topeka & Santa Fe Railroad, 1951-1979

Kentucky

• Fleischman v. CSX Transportation, Inc. (2007). Machinist at the railroad at Louisville & Nashville Railroad / Seaboard System Railroad (southern Louisville), 1941-1983
• Heizer v. New Orleans and Pacific Railway Co. (2004). Railroad worker at 1940s-1950s

Louisiana

• Bouck v. Kansas City Southern Railway Co. (2021). Railroad worker who worked on locomotives and locomotive parts at 1964-2007
• Leonard v. Board OF Supervisors OF Louisiana State University and Agriculture and Mechanical College (2014). Tally man at shipyards along the Mississippi River banks in Baton Rouge
• Thibodeaux v. Asbestos Corp. Ltd. (4th Circuit, 2008). Exposed through father's and husband's clothing at Southern Pacific Railway

Maine

• Coffin v. Ametek, Inc. (2021). Bridge operator at Carlton Bridge, Bath/Woolwich, 1967-1987
• Coffin v. Ametek, Inc. (2020). Machinist at Maine Central Railroad bridge control room, 1971-1987
• Coffin v. Ametek, Inc. (2020). Machinist at Carlton Bridge, 1971-1987

Maryland

• Staubs v. CSX Transportation, Inc. (2021). Engineer at CSX Transportation railroads, 1978-2011
• Crowe v. CSX Transportation, Inc. (2019). Railway operator and foreman at Port Covington railyard and port facility, Baltimore, 1960-1969
• Arbogast v. Georgia-Pacific LLC (2017). Employee of CSXT at CSXT's Curtis Bay Coal and Ore Piers
• Arbogast v. AW Chesterton Co. (2016). Electrician at Mount Clare Shops, B&O Railroad, 1963-1973
• Arbogast v. AW Chesterton Co. (2016). Electrician at CSX Curtis Bay Yard, Baltimore, 1973-1999
• Wallace & Gale Asbestos Settlement Trust v. Carter (2013). Laborer, mechanic steamfitter and pipe fitter at Pennsylvania Railroad, 1943-1944

Michigan

• Grand Trunk Western Railroad, Inc. v. 37th Circuit Court Judge (2008). Brakeman at 1956-1988