The Firm You Go to When the 
Stakes Are High

Asbestos Exposure & Mesothelioma in Railroad Workers

Representing Railroad Workers Harmed by Occupational Asbestos Exposure

The dangers of asbestos exposure have long been known, yet asbestos was continuously used in a wide variety of products throughout the 20th century. In the railroad and locomotive industry, asbestos was commonly used in train brake linings, engines, and other components.

In fact, the use of asbestos in the railroad industry was so widespread, even those who did not directly handle the repair of these parts were at risk of asbestos exposure.

The nature of railroad work—which often included cutting, sanding, smoothing, and otherwise disturbing asbestos-containing train components—meant that railroad workers of all types frequently inhaled or ingested asbestos dust. As a result, countless workers developed asbestosis, mesothelioma, and other asbestos-related illnesses.

If you or someone you love has suffered because of occupational exposure to asbestos, Levy Konigsberg can help. Our nationally recognized asbestos attorneys are proud to represent railroad workers and their families, fighting to protect their rights and secure the justice they deserve.

We have successfully taken on some of the biggest asbestos manufacturers in the world, recovering more than $3 Billion in total for our clients. We have decades of experience and are known for being among the first attorneys to pursue mesothelioma litigation in the U.S., as well as for achieving results that have not only changed the lives of our clients but also altered laws and public policy nationwide.

Continue reading to learn more, or contact our railroad worker asbestos exposure attorneys today at (800) 315-3806 for a free, confidential consultation.

How Railroad Workers & Their Families Were Exposed to Asbestos

Asbestos is a naturally occurring group of minerals known for its inherent strength and heat-resistant qualities. These qualities are what made it so popular in train, locomotive, and other railroad products, including brakes, brake pads, brake linings, clutches, driving cabins and carriages, gaskets, sealing cement, insultation, plaster, paint, wallboards, ceiling tiles, flooring, and more.

As a result, all types of railroad workers—including repair workers, roadhouse workers, maintenance workers, conductors, yardmasters, and others—were frequently exposed to asbestos in the course of their employment.

Some of the most common ways in which railroad workers were exposed to asbestos include:

  • Installing, maintaining, and repairing asbestos-containing components
  • Working near areas where asbestos-containing parts were being cut, sanded, or smoothed
  • General wear and tear on asbestos-containing components
  • Repairing, removing, or replacing brake pads, brake linings, and related parts
  • Sealing pipe joints and valves with asbestos-containing sealing cement and gaskets
  • Working on trains’ electrical, plumbing, and heating/air conditioning systems
  • Painting trains or removing old coats of paint, often with sanding
  • Installing, removing, or replacing asbestos-containing insulation, tiles, etc.

Additionally, railroad workers often brought asbestos fibers home inadvertently on their clothing and in their hair.

As a result, their families were frequently exposed to harmful asbestos fibers, and there have been numerous documented cases of railroad workers’ family members developing mesothelioma and other asbestos-related health conditions.

Who Is Liable for Railroad-Related Asbestos Exposure?

Numerous manufacturers have been held liable for asbestos exposure-related damages on behalf of railroad workers and their families who suffered asbestos-related illnesses, including mesothelioma, as a result of occupational and non-occupational exposure.

Some of these entities include:

  • Abex Corporation
  • Electro-Motive Diesel (a division of General Motors)
  • Griscom-Russell Company (now Viad Corporation)
  • H.K. Porter
  • Johns Manville (JM)
  • Keasbey & Mattison (K&M)
  • Raybestos-Manhattan
  • Railroad Friction Products Corp.

Additionally, numerous railroad companies have been involved in asbestos-related litigation, including national corporations like Amtrak and Transtar, as well as local state and municipal entities.

Asbestos Claims Against Rapid Transit Railroad Equipment Manufacturers

On February 29, 2012, the United States Supreme Court issued a decision in the matter of Kurns v. Railroad Friction Products Corp., 565 U.S. __, No. 10-879 (2012). In its decision, the Supreme Court held that people who suffer injuries on railroads cannot sue the manufacturers of the faulty railroad products or equipment in state courts as these lawsuits have been “preempted” by federal law.

This included claims against the suppliers of equipment that contained asbestos materials that contributed to the development of mesothelioma and other diseases.

“Preemption” is the idea that state laws are preempted by federal laws, meaning federal laws take precedence over state laws.

The United States Constitution requires that federal law be superior to state law. When the two conflict—that is, when following one requires not following the other—courts require that the federal law be followed. The state law, therefore, is preempted.

In its decision in Kurns, the Supreme Court held that federal laws governing safety on railroads preempted state-based claims against the manufacturers of asbestos-containing railroad equipment. However, a New Jersey judge later identified an exception to the ruling in Kurns.

The New Jersey case concerns Sandra Brust whose father, John Noga, had worked for the Port Authority Transit Corporation (PATCO). PATCO operates a rapid transit railroad that runs from Philadelphia, Pennsylvania into southern New Jersey. In the 1970s, Mr. Noga worked for PATCO as a train operator and supervisor.

His duties required him to operate trains, service the trains during breakdowns, as well as fulfill other functions in the trainyard, where the trains were maintained and repaired.

Unfortunately, while there, he was unknowingly exposed to asbestos from the trains’ brakes and other train systems and equipment, as well as asbestos products used in the maintenance yard. Every day, workers like Mr. Noga were routinely exposed to this asbestos even if they themselves were not directly working with the products.

At the end of each day, Mr. Noga would come home from work covered with asbestos dust and fibers. As a result, his daughter Sandra was exposed to the asbestos dust that was on her father’s clothing not only when he came home from work, but also when she laundered his dirty work clothes, which was one of her regular household chores.

At no time during his employment did PATCO or the companies that manufactured or supplied the asbestos-containing equipment to the railroad ever warn Mr. Noga that by wearing his asbestos dust-covered clothes home he was exposing his family to a dangerous carcinogenic substance, even though they were well aware of the dangers of asbestos exposure.

In 2011, the Brust and Noga families were devastated to learn that Sandra had developed mesothelioma, a cancer caused by exposure to asbestos. Since almost all of Sandra’s exposures to asbestos occurred in New Jersey, the Brust family filed their case in the state court of New Jersey.

This decision was no small matter; not only do the state courts of New Jersey have extensive experience adjudicating asbestos-related lawsuits, but they also prioritize and quickly advance the cases filed by living plaintiffs.

In February 2012, following the Supreme Court’s decision in Kurns, the companies who manufactured the PATCO’s equipment petitioned the court to dismiss the Brust’s claims, arguing that they were now preempted by federal law.

Following a hearing on the matter, however, Judge Ann McCormick of the Superior Court of New Jersey concluded that, while most claims against railroad equipment manufacturers would be preempted, those against PATCO fall into a narrow exclusion: PATCO is considered a rapid transit system by federal regulators, and since the federal government allows states to regulate their own local rapid transit railroads, the Kurns decision and the laws that underlie it do not apply.

Levy Konigsberg was proud to represent Sandra Brust and her family, as well as numerous victims who have been negatively affected by exposure to asbestos while working on, near, or around trains and trainyards, as well as in other railroad-related occupations.

Contact Levy Konigsberg to Speak to Our Railroad Worker Asbestos Exposure Lawyers

If you or someone you love has been diagnosed with mesothelioma or another asbestos-related illness, reach out to Levy Konigsberg right away.

Our railroad asbestos exposure attorneys have extensive experience and a long, proven track record of success in representing railroad workers and the families of railroad workers who have suffered serious illnesses due to asbestos exposure.

We understand the complexity of these cases, and we have what it takes to aggressively advocate for your maximum recovery.

Our team is not afraid to go up against large, powerful railroad manufacturers, transportation companies, and other entities that prioritize profits over public safety. We have successfully taken on some of the nation’s largest railroad companies, as well as global asbestos manufacturers, in our pursuit of justice on behalf of our clients.

We offer completely free consultations, and our multilingual staff can assist you in Spanish, Portuguese, Russian, and numerous other languages as needed.

Contact us online or call (800) 315-3806 to set up a complimentary case evaluation with a member of our team today.

A TEAM COMMITTED TO DOING WHAT IS RIGHT

Find out whether you have a case by speaking to one of our experienced lawyers via our 24/7 toll-free hotline or by submitting an email inquiry. Our attorneys will be quick to respond to you and happy to answer all of your questions.

Know the Difference

Committed to Doing What's Right
  • Over $3 Billion Won

    We have represented numerous individuals and groups of workers, winning for them multi-million-dollar settlements and verdicts.

  • There's No Case Too Big

    Our team has achieved groundbreaking victories in highly complex cases and has gone up against some of the toughest defendants in the country.

  • Trial Attorneys

    Our attorneys excel in the courtroom and are not afraid to bring a case in front of a jury if a fair settlement for the client has not been reached.

  • A Thought Leader in the Industry

    Our firm's knowledge and experience are in high demand, and many news outlets have asked us to share our legal expertise.

  • Access to World Class Resources

    Our experienced attorneys use cutting-edge technology and highly regarded experts to help us achieve the best possible result for our clients.

  • Changing the World for Good

    We not only want to achieve the best possible results for our clients, but we also strive to prevent future harm by changing public health policies.

Thousands of Clients Helped

Hear What They Have to Say
  • Professional, responsive and very good at their jobs.

    “From the first visit to my home, to my last visit to the office to collect my settlement, I was very happy with the services provided by this firm. They are professional, very responsive and very good ...”

    - Lisa Ross
  • They have truly gone above and beyond.

    “I have been beyond pleased how Levy Konigsberg is handling my matter. They answer my questions in a timely matter and when warranted, ease my worries and concerns. They have truly gone above and ...”

    - Anne Fahey
  • I put my Faith and Trust into Corey Stern!

    “Selecting a Law firm to represent me was one of the biggest decisions I've had to make in my life. I put my Faith and Trust into Corey Stern, and he exceeded all my expectations.”

    - Dennis McGowan
  • With this team on my side we came out on top.

    “Levy Konigsberg and team are a group of men and women that give their all, down to the receptionist. I had a case that was almost unbeatable but with this team on my side we came out on top. They keep ...”

    - Angie Garrido
  • Very happy with our settlement.

    “My husband and I were VERY happy with our experience with this firm. They were always caring and really helped us go through this in a very hard time in our lives .We continue to be in touch with the ...”

    - Lori Rosa
  • Wow is all I can say.

    “It has been a few years now but I needed to post this. My dad suffered so much from Mesothelioma. My brother looked into the law and our rights. Unfortunately he died also before anything was done. It ...”

    - Carol N.
  • Their dedication to receive the highest results for their clients was amazing.

    “Working with Levy Koningsberg LLP was a very positive experience. Their professionalism and curiosity was outstanding. I was a pleasure working with this firm. Their dedication to receive the highest ...”

    - Emily DeRogatis
  • Such a great team!

    “The whole team at Levy, Konigsberg LLP have been extremely professional and kind during our most difficult time. They keep you informed during the process, check in often asking if there are any ...”

    - Kevin Kober
  • We definitely got the right law firm!

    “Levy Konigsberg represented my daughter Linda, who was diagnosed with mesothelioma at 16 years old. She endured many surgeries and chemotherapy including HIPEC. She traveled the country seeking ...”

    - Mark Wells
  • Levy Konigsberg continued to help my family fight for the justice my father deserves.

    “Levy Konigsberg was there for my father as soon as he was diagnosed with mesothelioma they helped him get medical treatment in another state that specializes in his condition and even provided housing ...”

    - Stephanie Vitale
LEVY KONIGSBERG IN THE NATIONAL MEDIA

CHOOSE LEVY KONIGSBERG

Start with a FREE Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.