(The following appeared on the Toledo Blade website on April 29.)
TOLEDO, Ohio — A Lucas County Common Pleas Court jury yesterday awarded $2.6 million to a former Conrail locomotive engineer for the asthma he developed from inhaling diesel fumes.
Frank Battaglia, 65, of Canton, Mich., worked for several years as an engineer in the locomotives used to move rail cars in metro Detroit train yards. The 23-year Conrail employee filed the lawsuit in Lucas County on the advice of his union, the Brotherhood of Locomotive Engineers and Trainmen, which felt he would receive a fairer verdict.
Lawsuits can be filed where the incident occurred or where the company does business.
Attorney E.J. Leizerman, who represented Mr. Battaglia, said Judge Denise Ann Dartt had ruled that his asthma was a result of inhaling the fumes and that there were violations of both the Federal Employees Liability Act and the Locomotive Inspection Act. After a week of testimony, a jury deliberated about five hours to decide the amount of damages.
Mr. Leizerman said it is against federal regulations for diesel fumes to be in the cabin of a locomotive.