Five former BNSF Railway employees have sued the company, saying they have lung diseases caused by exposure to asbestos and other hazardous materials.
Donald Polson, Harvey Bass, Robert Brabbin, Joe Gilliam and William King -- who live in Fort Worth, Arlington and Cleburne -- accuse BNSF managers of being aware that prolonged exposure to asbestos could cause illness but did not warn employees of the dangers.Some of the plaintiffs worked for the railroad for more than 30 years; Polson worked there 44 years, until 2001, according to the lawsuit filed in state District Court in Tarrant County."I think it's crazy that the railroads knew about the hazards back in the 1930s and continued to use asbestos products until the 1980s," said Kirk Sammons, a Houston attorney who is representing the former railroad workers.BNSF Railway spokesman Joe Faust said in a statement e-mailed to the Star-Telegram: "These claims filed are from former employees, most of whom have not been employed by BNSF in many years. BNSF is currently reviewing the case and will respond through the legal process."Asbestos was used to insulate steam and diesel locomotives, boxcars, cabooses and pipes. It was also used in brakes and floor tiles of passenger cars. When workers removed the asbestos, it got onto their clothes and into the air.The plaintiffs said they worked in and around engines, boilers, railroad tracks and other areas where they were exposed to asbestos and other substances without protection.The suit states that because of exposure to dust, fumes and vapors, the men contracted lung diseases that diminished their quality of life and reduced their life expectancy.They have been diagnosed with asbestosis and silicosis, Sammons said."At all times relevant, the plaintiffs were unaware of the dangerous propensities of the harmful/hazardous materials with which they were required to work with and around," the lawsuit states. They were not aware of the hazards associated with exposure to asbestos and other substances until less than three years before filing the suit, it states.The railroad is also accused of violating the Federal Employment Liability Act and the Locomotive Boiler Inspection Act.Even though the Occupational Safety and Health Administration banned asbestos in construction in the 1970s, railroads continued using it although the companies were aware of the health risks, the lawsuit says.Several similar suits have been filed against BNSF, including one filed in March in New Mexico by four members of the Navajo Nation who also say they developed occupational lung disease after being exposed to asbestos under harsh working conditions.And on July 23, the case of Winter v.. BNSF Railway is scheduled to go to trial a second time in Cleburne. A mistrial was declared in November after a court clerk mistakenly took documents into the jury room that were not discussed during the trial and that jurors were not supposed to see, Sammons said.Billy Winter died of lung cancer in January 2010 at age 58, shortly after he sued the railroad. He was a Cleburne High School rodeo star before working for the railroad from 1970 to 1987. Winter was a boilermaker and was responsible for pulling old pipes from locomotives that were stripped down at the Santa Fe Railway's Cleburne machine shop. He was exposed to a significant amount of asbestos, Sammons said. He was laid off in 1987 when the machine shops were closed. He did not develop lung cancer for 30 years, Sammons said.Winter's physician said the cancer was caused by exposure to asbestos, the lawyer said.Elizabeth Campbell,817-390-7696Twitter: @fwstlizHave more to add? News tip? Tell us
