Jacob Lilienthal died of asbestos-related lung cancer after years spent working for the GM&O Railroad (predecessor to the Illinois Central Railroad Company). When his widow filed a wrongful death lawsuit against the company, a jury awarded her $2.6 million in damages, cutting the award by 45% because of his smoking history. The company appealed the verdict, arguing that it had not been negligent, but the appeals court upheld the jury’s decision.
Railroad Worker’s Lung Cancer Death Blamed on Years of Asbestos Exposure
Over a two-week trial, an Illinois jury heard that Mr. Lilienthal had worked for the railroad from the time he was 17 as a laborer and machinist and was exposed to asbestos in rope, insulation, brakes, gaskets, packing, and other materials. He was diagnosed with asbestosis and later with lung cancer which his physician attributed to his occupational exposure.
The jury was presented with evidence that the railroad had known of the dangers of asbestos and failed to warn Mr. Lilienthal about the risks to his health or to provide him with a reasonably safe work environment. They also heard that he had started smoking at approximately the same time he began working. An expert witness at the trial testified that “cigarette smoking is associated with approximately a tenfold increase in risk for lung cancer, and if you combine that with asbestos, it is approximately 50 times.”
Jury Accounts for Smoking by Reducing $2.6 Million Asbestos Lung Cancer Award
In reviewing the jury’s decision, the appeals court disagreed with the railroad company’s assertion that their conclusion of negligence was wrong. The court found that the railroad knew asbestos caused asbestosis as early as the 1930s and lung cancer in the 1950s and that they had never warned him about those dangers. They also found that the court had managed the question of the victim’s smoking history correctly.
If you or someone you love has been impacted by asbestos, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
