Navajos Sue BNSF Railway After Contracting Lung Disease
March 15 2012 - 11:03AM
Business Wire
Four former railroad workers, all suffering from diagnosed cases
of lung disease, recently filed a lawsuit against BNSF Railway
alleging exposure to dusty work conditions which resulted in damage
to their lungs and respiratory systems. Navajo Nation members
Andrew Ashley of Houck, Ariz., Jimmy Bowman of Window Rock, Ariz.,
Jack Gilmore of St. Michaels, Ariz., and Hoskie Yonnie of
Ya-Ta-Hey, N.M., labored as trackmen and track machine operators
for the former Atchison, Topeka & Santa Fe Railway (now part of
BNSF). The lawsuit, filed by Roven-Kaplan, LLP, states that
exposure to toxic ballast rock, gravel, coal dust and fibers caused
the men to contract occupational lung diseases.
“While helping lay miles of railroad tracks in New Mexico and
Arizona, these men worked with tools, heavy equipment and machinery
that stirred-up tremendous amounts of toxic particles and dust,”
said attorney John D. Roven. “BNSF failed to provide ventilation,
warnings and protection that constitute a safe work environment. We
believe the polluted, dusty and unhealthy conditions have impaired
their enjoyment of life as well as their earning capacity and
interfered with their right to a healthy retirement.”
Gilmore and Yonnie began working for the railroad in the 1940s
while Ashley and Bowman were employed beginning in the late 1960s.
According to Roven, thousands of men, including many Navajos, were
exposed to similar conditions as the railroads were constructed and
repaired throughout the Southwest.
“The effects of harsh labor conditions on a worker’s lungs and
respiratory system often go unnoticed until years later,” said
Roven. “Symptoms of occupational lung diseases such as shortness of
breath, chest pain, chest tightness and abnormal breathing patterns
frequently resemble other medical conditions.”
The victims are represented in Los Lunas, N.M. by the Law
Offices of Michael Sanchez and by Roven-Kaplan, LLP in Houston. For
further information about this or other railroad injury cases, call
1-800-997-1505 or visit www.rovenlaw.com. A copy of the Navajo
lawsuit, filed in federal court in Gallup, N.M., is available for
download at www.lawsuitpressrelease.com.