CLEVELAND, January 15 — In an historic verdict against Norfolk Southern, a jury in Toledo, Ohio, handed down an award to a locomotive engineer who developed a condition known as diesel asthma while working for the railroad.
The jury awarded BLET Division 385 (Toledo) Local Chairman Rodney Cutlip $625,000 because he developed diesel asthma, a type of asthma associated with prolonged inhalation of diesel fumes, due to the working conditions at Norfolk Southern. Norfolk Southern appealed the verdict to the Ohio Supreme Court, a first of its kind, but lost, according to Designated Counsel E. J. Leizerman. The Ohio Supreme Court upheld the jury’s verdict.
Brother Cutlip has worked as a locomotive engineer since 1987, and has lost no time due to his medical condition. In the mid 1990s, Norfolk Southern initiated a policy, which remained in effect for several years, requiring the locomotives to be run long hood forward whenever possible.
In addition, the crews were routinely deadheaded to their home terminals rather than being transported in vans. It was during this period of time that Brother Cutlip first experienced symptoms of asthmatic bronchitis. Because of the extreme disrepair of the doors and seals of the locomotives, as well as the significant cracks in the floors, excessive amounts of diesel exhaust would leak into the cab. According to Leizerman, Brother Cutlip and the majority of his fellow engineers and the conductors routinely used duct tape to seal the windows and doors of the locomotives in attempts to limit the diesel exhaust that would enter the cab of the locomotive.
Also, it was testified to by plaintiff’s expert, Harry Joseph, that Norfolk Southern’s failure to maintain the engines in proper tune would cause additional exhaust and particulates to leak into the cab through the firewall.
Norfolk Southern’s attorneys tried to argue that Brother Cutlip’s condition was not caused by his exposure to diesel fumes, but was the result of his years of smoking and loss of a portion of his right lung due to injuries sustained in the Vietnam War.
Attorney Leizerman believes that all locomotive engineers should be aware of this condition. Many breathing related conditions in locomotive engineers could be associated with exposure to diesel fumes.
Brother Cutlip is still working for Norfolk Southern, although he took time off during the case.