Jurisdiction: Illinois Circuit Court – Cook County
This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois. Plaintiff, Annette Sanders, represented the estate of her late husband, Joseph Sanders, against CSX Transportation Inc., Mr. Sanders’ former employer.
Mr. Sanders worked as a plumber and sheet metal worker for CSX, primarily at the Barr Yard in Riverdale, Ill. from 2002 to 2014. During this time, it’s alleged that Mr. Sanders was exposed to carcinogenic toxins, including asbestos, through his employment with CSX, which contributed to Mr. Sanders’ colon cancer diagnosis in 2016. Mr. Sanders’ subsequently passed away in 2018.
Plaintiff alleged CSX was negligent by breaching its duty to provide a safe workplace by failing to monitor and reduce toxin levels, provide protective equipment, and warn of cancer risks. CSX denied negligence and argued that Mr. Sanders’ injuries were due to pre-existing conditions, including his history of heavy smoking.
During the trial, plaintiff presented evidence of unsafe working conditions. She also presented expert testimony, offered by Dr. Erik Richard Swenson — who is affiliated with Dartmouth Geisel School of Medicine, University of Washington Medicine and the U.S. Dept of Veterans Affairs VA Puget Sound Health Care System — linking Mr. Sanders’ cancer to his workplace exposure.
CSX countered with evidence of safety measures and expert opinions attributing Mr. Sanders’ cancer solely to smoking. The jury ultimately found in favor of the plaintiffs by determining CSX was negligent and awarding $2.2 million in damages.
The jury, however, also found Mr. Sanders was 65 percent comparatively negligent and reduced the damages award to $770,000. CSX appealed by arguing, among other things, the jury was prejudiced by a misstatement of law in the plaintiffs’ closing argument and the trial court’s instruction regarding witness credibility. The court denied CSX’s motion for a new trial and therefore affirmed the jury’s verdict.
Read the full decision here.
