Cook County Record

Thursday, December 5, 2019

Former employee says BNSF failed to protect against toxic substances, which caused cancer

By Jenie Mallari-Torres | Jul 26, 2018

General court 08

CHICAGO — A former employee is suing BNSF Railway Co., citing alleged negligence.

David Linder filed a complaint July 16 in Cook County Circuit Court, alleging he was diagnosed with cancer and has experienced and will continue to experience pain and suffering, inconvenience, annoyance, distress, loss of normal life, lost wages and a shortened life expectancy.

The plaintiff said his cancer allegedly resulted from the exposure to cancer-causing agents, such as diesel, lead, arsenic, asbestos and other toxic substances, over the course of his career as a laborer and welder for the defendant from September 1979 to September 1999.

Linder said the defendant should be held responsible because it allegedly failed to provide a reasonably safe place to work, failed to reduce or remove known toxic materials and carcinogens from its facilities, failed to provide protective equipment and failed to warn him of the risk of contracting cancer or other diseases from exposure to the toxic substances.

The plaintiff requests a trial by jury and seeks a judgment in an amount greater than $50,000, plus costs of the lawsuit and other relief the court may grant. He is represented by Stephen Monroe of Marc J. Bern & Partners LLP in Chicago.

Cook County Circuit Court case number 18-L-7398

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Organizations in this Story

BNSF Railway CompanyMarc J. Bern & Partners LLPCircuit Court of Cook County