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View Full Version : Jurors decide against man who blames cancer on BNSF Railway



IrishTex
06-28-2009, 02:54 PM
http://media.star-telegram.com/smedia/2009/06/26/21/749-biz_bnsf_06-27-2009_Tarrant_0LU049T.embedded.prod_affiliate.58.jp g

CALDWELL — Jurors deliberated for less than two hours Thursday before deciding against a Somerville man who blames his cancer on his former employer, Fort Worth-based BNSF Railway.

Dennis Davis, 56, said the company misled workers who were exposed to carcinogenic chemicals at a railroad tie-manufacturing plant in Somerville, in Burleson County east of Austin.

Dozens of lawsuits have been filed against BNSF, the nation’s second-largest railroad company, and Koppers Industries, which bought the Somerville plant from the railroad company in 1995.

Last year, a Tarrant County jury deliberated two full days before deciding 10-2 in favor of BNSF in a similar case brought by the spouse of an employee at the same facility. That case sought damages of at least $6 million.

Davis’ attorneys asked jurors for at least $45.4 million in damages.

Doug Poole, BNSF’s attorney, said Thursday that the verdict showed that "Somerville is fine. This is junk science. There’s nothing there." Poole said the trial — which lasted about nine weeks — was the second-longest in the railroad’s history.

Houston attorney Jared Woodfill, who represented Davis and also represents about 400 other plaintiffs, called the verdict "just one battle in a war to make these folks do the right thing and take care of the folks they have injured."

The 100-year-old railroad tie-manufacturing plant is Somerville’s largest employer. Davis worked there from 1971 until 1995.

He was diagnosed in 2006 with cancer that has since spread to his lungs, liver, appendix and skin.


(Star Telegram)http://www.star-telegram.com/business/story/1456961.html (http://)

CHS_CG
06-28-2009, 04:56 PM
One of my friends from high school was on the jury. I saw her Friday at Subway... She didnt say much except it was a REALLY long trail.