The plaintiff, Heber Ayers, was a retired railroad carman who had worked for CSX Transportation, Inc. from 1955 until 1957 and from 1963 until 1991, for a total of 30 years. During the course of his employment for the railroad, he worked around asbestos products and subsequently was diagnosed with mesothelioma in August 2005. During the course of his career, he worked around a steam crane that had a boiler that was insulated with various types of asbestos products. He also worked with asbestos gloves, brake shoes, welding rods, and in many railroad buildings where he alleged exposure to various types of asbestos products. Plaintiff had also worked in Newport News Shipyard for a period of 3 years prior to his employment with the railroad and was exposed to asbestos at that location as well.
Plaintiff brought suit under the Federal Employers’ Liability Act alleging that the defendant failed to provide him with a reasonably safe place to work and failed to warn him of the dangers associated with exposure to asbestos products, which were well known to the railroad during his employment. Plaintiff’s testimony regarding his work and exposure was videotaped prior to his death in May 2008 at age 80. The case was settled prior to trial for $1.3 million. Willard J. Moody, Jr., attorney for Plaintiff.
