Lawsuit claims railroad laborer died from asbestos exposure

The son of a deceased railroad laborer has filed a lawsuit that claims his father died of lung cancer caused by asbestos exposure.

Ronald K. Oney, individually and as representative of the Estate of Daniel D. Oney, deceased, filed suit against Kansas City Southern Railway Co. on Aug. 30 in the Eastern District of Texas, Beaumont Division.

Daniel Oney was employed by Kansas City Southern from approximately 1971 until approximately 1996 in various capacities including as a laborer and machine operator.

According to the lawsuit, Oney was exposed to asbestos or asbestos-containing materials that caused lung cancer and resulted in his death.

Kansas City Southern is accused of negligence under the Federal Employers’ Liability Act and for violation of federal statute enacted for the safety of employees.

The defendant is accused of negligence for:

• Failing to monitor in such a way as to determine whether every employee’s exposure to asbestos fibers is below the prescribed limits;

• Failing to provide or require the use of special clothing, failing to take or collect samples of the airborne concentration of asbestos fibers;

•Failing to implement proper engineering controls;

• Failing to provide and display caution signs at each location where airborne concentrations of asbestos fibers;

• Failing to timely notify employees in writing found to be exposed at any time to airborne concentrations of asbestos fibers; and

• Failing to provide or make available annual comprehensive medication examinations.

The plaintiff is asking for an award of damages for medical expenses, loss of earnings, pain and suffering, mental anguish, physical impairment, disfigurement, loss of pecuniary benefits or services, funeral expenses, interest and court costs.

Oney is represented by J. Kirkland Sammons of Sammons & Berry P.C. in Houston. A jury trial is requested.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:12-cv-00432