A man who worked for BNSF Railway for nearly 30 years has been awarded $3.7 million in damages by a Yellowstone County, Mont. jury. The 72-year-old Plaintiff, Edward Roger Jolley, received the verdict last month after a week-long trial. Mr. Jolley suffers from chronic lung disease caused by years of inhaling diesel fumes, silicone dust and asbestos while working as a BNSF engineer. He was diagnosed with pulmonary fibrosis in 2006, and is on oxygen to help him breathe. His condition is chronic and progressive and will result in his death.
Mr. Jolley began work with the railroad company in 1970 and retired in 1999 after working mostly as an engineer. The damage award is believed to be the largest against BNSF by a Montana jury. It was reported that in 2007, a former BNSF engineer who suffered injuries to his back and neck was awarded $1.7 million in damages by a Billings, Mont. jury.
In Mr. Jolley’s case the jury found that BNSF was negligent and had violated federal regulations regarding the maintenance and operations of locomotives. The jury said the negligence and violations caused Jolley’s injuries. Testimony at the trial included medical experts who said heavy metals, silicone dust, and asbestos particles were found during microscopic biopsies of the Plaintiff’s lung tissue. Diesel fumes contain thousands of irritants, including heavy metals such as those found in the man’s lungs. The silicone dust probably came from sand used by the railroad on the tracks, and the asbestos from locomotive brake shoes and thermal wrap tape. Fred Bremseth, a Minnesota lawyer who specializes in railroad injury cases, represented Mr. Jolley and did a very good job.
Source: Billings Gazette
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.