On October 31st a lawsuit was filed in Madison County Circuit Court that named Norfolk Southern Railway Company as being responsible for the development of Don W. Smith’s pulmonary system and lung injuries.

In the suit Don W. Smith has stated that it was during the time that he was employed with Norfolk Southern Railway Company as a locomotive engine operator that he was exposed to numerous fumes and particulate matter including dangerous asbestos fibers. Smith alleges that this is what led to his chronic pulmonary condition.

Mr. Smith feels that the dangers of working around such fumes and particles should have been anticipated by his employer and proper safety equipment supplied in order to limit the danger of inhaling such fumes and particles. He also feels that those dangers should have been disclosed to him upon employment.

Don W. Smith has stated that because of his development of the chronic pulmonary condition he has had to suffer considerable mental anguish and physical pain as well as incurred significant medical related debt. Smith further claims that his disease has denied him the ability to carry out his normal course of employment and enjoyment in life due to complications caused by his disease. Smith is asking for unspecified damages in the two-count lawsuit as well as compensation for any costs incurred due to his illness and filing the lawsuit.

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