VERDICT: Doran & Murphy and
The Gavin Law Firm collectively tried a case for a 64 year old railroad signal maintainer
who developed lung cancer. The signalman’s job included drilling
holes in asbestos-containing Transite backboards to run wires for relays.
He was also exposed to asbestos in the defendant’s facilities, and
silica-containing ballast dust and diesel exhaust from nearby track equipment.
The defendant railroad argued that the plaintiff’s long time habit
of cigarette smoking was the sole cause of the plaintiff’s lung
cancer. On May 2, 2018, a Cleveland, Ohio jury found in favor of the plaintiff,
awarding over $4.5 Million. After a 40% reduction for the jury’s
determination of the plaintiff’s negligence in smoking cigarettes,
the verdict will be entered for over $2.7 Million. It is anticipated that
the Defendant railroad will make a motion for remittitur, as well as potentially
appeal this decision. Chris, Mike and Colleen, along with Bill Gavin of
The Gavin Law Firm will continue fighting for this client, as well as
all of our other clients.