Ex-Canadian Pacific Railway steam locomotive 2317 at Scranton, Pennsylvania, USA - 20 Sep 2009 Brian Powell.

4 December 2012

Judge Tosses Conductor's Suit Against Railroad

Scranton Pennsylvania USA - A former train conductor who contended a railroad damaged his lungs has had his lawsuit go up in smoke.
 
James J. Mullin's suit against Canadian Pacific Railway was dismissed recently by Lackawanna County Judge Terence R. Nealon, who said the Ashley man never provided "a scintilla of medical proof" that the railroad's engines harmed him.
 
Mr. Mullin sued in August 2005. Judge Nealon dismissed the suit 15 Nov 2012.
 
Canadian Pacific does business as the Delaware & Hudson Railway and operates on tracks in Lackawanna County.
 
Mr. Mullin was one of eight people who sued the railroad for damaging their health.
 
A doctor for the other seven has said their "long occupational history of heavy dust exposure" caused permanent lung damage, Judge Nealon wrote.
 
Mr. Mullin never gave a deposition in the case, and never provided any evidence that he has ever been diagnosed with lung damage, or that he was ever harmed when he worked for the D&H, the judge said.
 
"Only Mullin has neglected to produce an expert medical report substantiating, or even addressing, his occupational exposure claim," Judge Nealon wrote.
 
Borys Krawczeniuk.