Asbestos

Asbestos Exposure at Louisville Gas and Electric

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Many employees of Louisville Gas and Electric, as well as outside contractors, were exposed to asbestos numerous  facilities built, owned and operated by the Company. If you or a loved one was diagnosed with mesothelioma or lung cancer and you worked at this power plant between the 1940s and the 1990s, you may be entitled to compensation due to your exposure.

To help you navigate this difficult time, this guide outlines what to do after a diagnosis. Then, it explains how employees of Louisville Gas and Electric were exposed to asbestos.

What to Do If You’ve Been Diagnosed With Mesothelioma

If you have been diagnosed with mesothelioma, you need to focus on your recovery. This is a rare and deadly disease. Treatment needs to be your first priority.

However, you should also contact a personal injury attorney experienced with mesothelioma cases. At Satterley & Kelley, PLLC, we have represented many former employees of Louisville Gas & Electric after they received a cancer diagnosis.

There are only about 3,000 mesothelioma cases diagnosed every year in the United States. When multiple people who worked for the same employer (such as Louisville Gas & Electric) have this diagnosis, it’s a clear indication that they were exposed to asbestos on the job.

Mesothelioma at Louisville Gas & Electric (LG&E)

Listen to our conversation with attorney Paul Kelley about mesothelioma at Louisville Gas & Electric (LG&E):

Louisville Gas & Electric

Louisville Gas & Electric is a power company based in Louisville, KY. Originally founded in 1838, the company has gone through several name changes and mergers. In 1998, it merged with Kentucky Utilities, and in 2010, it was purchased by the PPL corporation, its current owner, for just over $7 billion.

The company has several plants including the Trimble County Generation Station, Mill Creek Station, Ohio Falls Station, Muldraugh and Magnolia Compressor Stations, and Cane Run Station.

(Louisville Gas and Electric photo by Joseph @ Flickr)

Asbestos Injury Lawsuits Against Former Employers in Kentucky

In Kentucky, you cannot bring a lawsuit against your employer. You are limited to pursuing compensation through the state’s workers’ compensation program. However, due to the strict time limits of this program and the long latency of mesothelioma, people with mesothelioma typically can’t make claims under workers’ compensation laws.

However, this doesn’t mean that you don’t have a claim. In many cases, you may be able to hold a supplier liable. For instance, say that you were exposed to asbestos while refurbishing the firebrick lining in a boiler at Louisville Gas & Electric. Then, the fire brick manufacturer may be liable. Note this is just an example. Every case is unique, and when you talk with an attorney, they will help you identify a liable party in your situation.

Lawsuits for Secondary Exposure to Asbestos

Unfortunately, the family members of Louisville Gas & Electric may also have been exposed to asbestos. People who worked for this plant often brought home fibers on their clothing. When inhaled, these fibers can cause mesothelioma, lung cancer, and other serious illnesses.

If you have a mesothelioma diagnosis due to secondary exposure, you should also contact a personal injury attorney. You are likely to be eligible for compensation. Although you cannot file a lawsuit against your employer in Kentucky, you can file a suit against your relative’s employer. In fact, in 2023, a decision from the Kentucky Court of Appeals solidified this right for relatives of employees.

Asbestos Exposure at Louisville Gas & Electric

Louisville Gas & Electric was a power plant that supplied gas and electricity to residents of Jefferson County and the surrounding area. The plant used asbestos in the following products:

  • Insulation on turbines and boilers
  • Firebrick or refractory materials used to line furnaces
  • Gaskets
  • Packing in steam valves
  • Wiring
  • Panel box insulation
  • Electrical equipment

Through the above products and many others, employees were exposed to asbestos fibers. At the Cane Run Generating Station, crews took 15 to 20 years to build six to 10-story boilers, and at the Mill Creek Generating Station, this same construction process went on for about 10 years.

During the construction phase, people were exposed as they cut and sawed asbestos-containing materials, installed steam lines, and applied firebrick in the boilers.

Once the boilers were active, employees continued to be exposed when they operated, cleaned, or repaired the boilers. Additionally, they were exposed when they would overhaul the boilers and replace the interior lining. Because most employees were with Louisville Gas & Electric for 25 to 30 years, they faced repeated exposure.

Supervisors, administrators, maintenance workers, and anyone else who regularly passed through these areas may have inhaled asbestos fibers as well. Outside contractors such as electricians, engineers, plumbers, pipefitters, and others were also exposed.

Statute of Limitations for Asbestos Lawsuits in Kentucky

If you were diagnosed with mesothelioma due to asbestos exposure in Kentucky, you have one year to file a lawsuit. The statute of limitations starts on the day of discovery. In most cases, that is the date of diagnosis, but in rare cases, it may be a different date.

The courts have to be  very strict about the one-year deadline. Do not delay. Mesothelioma treatment is expensive, and a lawsuit can help you cover expenses. It can also provide you with some compensation for pain and suffering, loss of your family members, and other injuries.

Get Help If You Have Mesothelioma Due to LG&E

Louisville Gas & Electric and its suppliers knew about the risks of asbestos for decades, but the companies continued using the product. If you or a loved one has been harmed as a result of these actions, you have a right to compensation.

To get help, contact us at Satterley & Kelley, PLLC today. We will talk with you about your situation and help you find the best path forward. You can rely on our 30+ years of experience with asbestos litigation to guide your case so that you can focus on your health and spending time with your loved ones. Don’t wait — contact us today.

Trespassers Are Injured on Train Tracks

Liability When Trespassers Are Injured on Train Tracks

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Close to 95% of railroad injuries happen to trespassers or at railroad crossings, and it happens all over the country. In Kentucky, there were 18 trespasser injuries and fatalities in 2020, 13 in 2021, and 11 in 2022. There were an additional four incidents during the first four months of 2023. These stats do not count highway-rail incidents.

Nearby states with higher populations show significantly higher rates of injuries and fatalities. For example, Illinois is in the top 10 most dangerous states for railroad fatalities. Illinois had 59 injuries and fatalities in 2022, and 22 in the first four months of 2023.

Although these injuries are relatively common, it can be hard for victims to pursue compensation. Railroad companies often deny liability or incorrectly tell victims  they don’t have the right to a claim.

If you or a loved one were injured in a train collision, don’t assume that you don’t have rights because you were trespassing. In many cases, the railroad may be liable for your injuries. To get help now, contact us at Satterley & Kelley today. In the meantime, here’s what you need to consider.

Who Is Considered a Trespasser?

The term “trespasser” is not clearly defined by the Federal Railroad Administration, and the railroad companies often apply the term differently for pedestrians and drivers. For example, drivers who ignore a do-not-cross sign are usually not categorized as trespassers, even though they are on railroad property without permission. In contrast, a pedestrian in the same situation is generally considered to be a trespasser.

What Is Considered Trespassing?

Any time you are unlawfully on a railroad company’s property, it may be considered trespassing. This includes rail yards and stations, but it also includes train cars, locomotives, bridges, railroad tracks, and trestles.

In other words, if someone jumps on a train car for a free ride, they are trespassing. However, if someone crosses the tracks at a non-designated crossing they are also trespassing. Even a family that goes to a beautiful setting in the countryside to take family photos near the railroad track is technically trespassing.

Are Railroad Liable for Injuries to Trespassers?

The railroads may be liable when a trespasser gets injured. Generally, the Railroad’s  first line of defense will be to claim that the person was on its property illegally and thus it has no duty to the victim. However, if the railroad company acted negligently or contributed to the risk of trespassing, it  can be held liable.

To give you an example, imagine that someone is crossing the railroad tracks at an area that is not a designated crossing. The engineer sees the trespasser, but  doesn’t alert him  by blowing the train’s  horn. Or imagine that the train is behind schedule and to make up for the lost time, the engineer is operating the train  faster than normally allowed in an area with a lot of pedestrians. These types of actions may be considered negligence.

A Duty to Keep People Safe

Railroad companies have a duty to keep people safe at designated crossings. They must have proper safety mechanisms in place to prevent injuries, and if they don’t, they may be liable for injuries that occur. This same standard does not apply to trespassers. However, that doesn’t necessarily mean that the railroads have no duty to these people.

To reduce the risk of injuries related to trespassing, the railroad companies should post adequate signage warning people that they are trespassing. They should also take steps to ensure that people aren’t likely to trespass.

For example, the railroad company may want to have education outreach programs at schools where they tell students about the dangers of trespassing on railroad tracks. If a railroad finds out that there is a “rabbit path” (aka an unauthorized path over the railroad tracks), they should take steps to shut down the path and post signs.

Risk Factors for Trespasser Injury

Research from the Federal Railroad Administration indicates that the following risk factors heighten your chances of getting hurt on railroad property.

  • Drugs and alcohol — Approximately two-thirds of all suicides and trespasser casualties involve drugs or alcohol.
  • Headphones or electronic distractions — In a 2014 report, the Department of Transportation noted a rise in headphone or electronics use during trespasser accidents. As the use of these devices has increased substantially over the last decade, the risk has also increased.
  • Multiple crossing points — When there are multiple places to cross the same track, the risk of injury increases.
  • No early train warning system — A lack of lights, horns, or other warnings about train tracks can increase the risk of people trespassing while a train is approaching.
  • Stations on curves — The lack of visibility increases the risk of injuries for both trespassers and people who aren’t aware they shouldn’t be crossing the tracks.

The hot spots for injuries tend to be places where there is a lot of pedestrian activity, such as schools, parks, and downtown areas. This increases the risk of trespassing and also the risk of injuries.

What to Do If You Are Injured While Trespassing on a Railroad

First and foremost, always seek medical attention. Even if you think your injuries are minor, go to the emergency room or urgent care and see a doctor. When talking with the railroad company’s employees, don’t admit that you were trespassing. If you make a claim against the railroad to cover your injuries, they will use anything you say to try to minimize or avoid liability.

Then, consult with a personal injury attorney, which is especially important if the railroad offers you a settlement or says it will help you pay for your medical bills. Generally, companies will only do this if they know that they are liable, and they often make a lowball offer to distract the victim from filing a lawsuit.

As a lay person, it’s nearly impossible to value losses from  personal injuries. To protect yourself, you should consult with a personal injury attorney who has experience with railroad claims.

At Satterley & Kelley, PLLC, we focus on personal injury cases with an emphasis on asbestos injuries, commercial truck accidents, and railroad injuries. Going up against a big company that’s trying to minimize liability by shifting the blame to you can be scary and confusing. You need the right help in this situation. To learn more, contact us today, and we’ll set up a free consultation to talk about your case.

How Does Asbestos Cause Mesothelioma

How Does Asbestos Cause Mesothelioma?

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If you’ve heard of mesothelioma, you’ve probably heard of asbestos. Asbestos exposure is the main confirmed cause of mesothelioma, accounting for over 80 percent of all cases. However, the exact way that a carcinogen like asbestos causes cancers like mesothelioma (and similar medical conditions) is not as commonly understood.  

What is Asbestos?

Asbestos is a mineral fiber that naturally occurs in rocks and soil. It is very strong and resistant to heat and corrosion. For this reason, asbestos was widely used in a range of industries, often serving as insulation or protection from friction, heat, or fire damage. It was also used in many products, including those used in residential construction (such as insulation, floor tiles, shingles, textured paint, pipes, electrical wiring, and boilers), and those used in car manufacturing (including heat-resistant fabrics, clutches, and breaks).

In the second half of the 20th century, it became increasingly clear that asbestos causes significant health problems. In the early 1970s it was officially declared to be a carcinogen and was mostly banned from use in the United States in 1978—though some manufacturers and industries continued to use it regardless, well into the 1980s and 1990s.

Who is at risk of asbestos exposure?

People have been exposed to asbestos in several major ways, but the main form of heavy asbestos exposure was traditionally occupational (meaning that it occurred at work). Many industries used asbestos throughout the 20th century, and workers in those industries may be at risk of developing mesothelioma. These include, but are not limited to:

  • Shipbuilding
  • Military (especially the U.S. Navy)
  • Construction/Demolition
  • Manufacturing
  • Mining
  • Chemical plants
  • Power plants
  • Steel mills
  • Automotive industries (including mechanics)
  • Industrial or residential repair (including HVAC technicians, electricians, plumbers, engine repairmen, and machinists)

Asbestos exposure can also occur “second-hand” when someone who was brings asbestos fibers home with them on their bodies or clothing. It may also occur environmentally, if a person is exposed to asbestos fibers where they live or work despite not being involved in an asbestos-related field. Additionally, people can be exposed through a product that contains asbestos, including insulation, tiling, flooring, boilers, and other parts of many American homes built before 1978, as well as certain car parts, protective clothing, and other items. This risk is particularly relevant for those attempting DIY home repair; if a home contains asbestos, these repairs could disturb the fibers and cause severe health risks if not handled by a professional.  

Overall, with strict regulation, asbestos exposure occurs much less frequently than it once did. However, exposure to asbestos was widespread for many years, and many people may therefore be at risk for mesothelioma. It is important to remember that while risk of mesothelioma rises significantly with the length of exposure (becoming especially high among those who are repeatedly exposed for a prolonged period of time), there is no safe amount of exposure to asbestos. According to NORD and other research, it is possible to develop mesothelioma after only one asbestos exposure—though most people diagnosed with mesothelioma were exposed repeatedly at work over the course of years.

How does Asbestos Cause Mesothelioma?

Asbestos is made up of many tiny fibers. When the material is disturbed or handled, these microscopic fibers are sent up into the air. Those exposed to asbestos may either inhale or swallow the airborne fibers.

Once asbestos fibers are inside the body, they may become lodged in the mesothelium, a thin protective tissue lining that covers several major internal organs. Asbestos fibers that are inhaled tend to lodge in the pleura (the lining between the lung cavity and the chest wall), while those that are swallowed and ingested tend to lodge in the peritoneum (the lining of the abdomen). In extremely rare cases, asbestos fibers can travel through the blood stream and lodge in the pericardium, the lining around the heart, or the tunica vaginalis, which protects the testicles.

Sharp asbestos fibers can pierce the mesothelial membrane and become embedded in the tissue. The mesothelial cells react to the asbestos fibers by becoming inflamed, in an attempt to remove the foreign body. However, the fibers often remain lodged in the tissue, since they are too durable and small for the body to remove. As a result, the mesothelial cells keep getting inflamed again and again, and scar tissue starts to form. Over time, this chronic inflammation harms the mesothelial cells. It can cause damage by interfering with cell division, and by physically altering the DNA code that tells the cell how to function which can lead to so much cellular damage that formerly healthy cells mutate and begin increasing uncontrollably, forming tumors. The result of this process is  mesothelioma, a cancer that causes malignant tumors to grow on the mesothelium, and to potentially spread (or metastasize) to other parts of the body.

The location of the lodged asbestos fibers and damaged tissue generally determines what sort of mesothelioma a person develops. Mesothelioma that forms around the lungs is referred to as pleural mesothelioma, and mesothelioma that forms in the lining of the abdomen is called peritoneal mesothelioma. The two much rarer types of mesothelioma affect the lining of the heart (pericardial mesothelioma) and the lining of the testicles (testicular mesothelioma).

Normally, this process of chronic inflammation, cell damage, and scarring takes many years, and mesothelioma patients are generally diagnosed with mesothelioma decades after their asbestos exposure. This is referred to as mesothelioma’s “latency period.” Each patient’s case is different, but on average, mesothelioma has a latency period of around 20-60 years, with a mean of 40 years between asbestos exposure and diagnosis. Generally, the longer and more intense a person’s exposure to asbestos, the shorter their latency period will be. Pleural mesothelioma also tends to have a longer latency period (30-60 years on average) than peritoneal mesothelioma (20-40 years on average).

Unfortunately, mesothelioma tends to be diagnosed at an advanced stage. There are many reasons for this, including the long latency period, late onset of symptoms, and the fact that the earliest symptoms (most commonly shortness of breath, chest pain, and fatigue) are often misdiagnosed as other conditions. Mesothelioma is relatively rare, and patients often don’t think to report asbestos exposure in the distant past, leading to further misdiagnosis.

Are you or a loved one looking for more information about mesothelioma? Call (855) 385-9532 or visit www.satterleylaw.com to learn more.

Guide to Blocked Railroad Crossings and Lawsuits

Guide to Blocked Railroad Crossing

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A Legal Overview and What to Do If You’re Injured

From December 2019 to mid-2023, the Federal Railroad Administration (FRA) received over 71,000 reports about blocked railroad crossings. Close to 800 of these reports came from Kentucky, and about 336 Kentucky-based complaints were made  last year.  Over half of these reports (172) came from Jefferson County with the next highest coming from Pulaski County (34) Nine reports indicated  that the crossings were blocked for at least six hours.

These blockages prevent traffic from moving as designed through parts of Kentucky, but even more importantly, they create significant dangers for the community. Children have been captured on video, crawling under the trains to get past the blocked crossings on the way to school. Additionally, the blocked crossings often prevent fire trucks, ambulances, and other first responders from reaching people who need help.

Are Blocked Crossings Legal?

In Kentucky, blocked railroad crossings are illegal, which has been true since  since 1970.  However, the law has  been unenforceable since 2020.

Kentucky Revised Statute 277.200 states, “No railroad company shall obstruct any public highway or street… by stopping and permitting trains, engines, or cars to stand upon a public grade crossing or upon a drawbridge for more than five minutes at any one time.” However, the law also contains the following caveat: “unless such stopping or standing is caused by circumstances outside of the control of the railroad company.”

Why Isn’t Kentucky Enforcing the Blocked Crossing Law?

There are over three dozen states that have this type of law, and right now, it’s not really being enforced anywhere. After officials in Ohio repeatedly cited one railroad company for frequent  blockages, the issue went to court.

The Ohio Supreme Court held  that the Interstate Commerce Commission Termination Act gives the Federal Surface Transportation Board exclusive jurisdiction over transportation by rail carriers, while the Federal Railroad Safety Act gives states the right to enforce laws related to railroad safety.

After considering both of these laws, the Ohio Supreme Court decided that the state’s Blocked Crossing Statute didn’t relate to safety and thus states don’t have the right to make blocked crossing rules based on the Safety Act.

The State has petitioned the United States Supreme Court to hear the case, and at the time of writing, the case is still pending review. When petitioning the Supreme Court, the State of Ohio argued that the Ohio Supreme Court was overly limited in its interpretation of safety. In particular, it claims that the Safety Act should not just consider the safety of railroad employees and passengers. Instead, it also needs to consider all public safety concerns.

Is There a Federal Law About Blocked Crossings?

Right now, there are no federal laws related to blocked railroad crossings. However, the United States Supreme Court has ruled in the interest of public safety over the railroads in the past.

In 1921, Erie R. Co V. Bd. of Pub. Util. Comm’rs ruled that the public’s interest in using the streets trumped the railroad’s interest in using the crossings. A case from 1928, Lehigh Valley R. Co v. Bd. of Pub. Util. Comm’rs, echoed this ruling.

Why Do Trains Block Crossings?

Trains block crossings for a variety of reasons including

  • Mechanical issues
  • Waiting for a repair crew — Repair crews have strict limits on the hours they can work.
  • Domino effect — Sometimes, trains need to stop due to a train blocking the tracks ahead.
  • Unloading — Remember some trains have 1000s of cars. Part of the train may be in the station being unloaded, while the rest of the train is blocking a cross.

How to Report a Blocked Crossing

If you see a blocked crossing, you can report it online to the Federal Railroad Administration. You should not use this online application to report emergencies. Also, you shouldn’t assume that making a report will lead to changes or legal actions against the railroad.

The report is purely for informational purposes. It allows the FRA to learn more about the impacts of blocked crossings. When you enter the report, you must affirm that you understand there may be an operational or safety reason for the blocked crossing.

There is a toll-free phone number printed on the blue signs found at most train crossings. You can also call this number to report a blocked crossing or any other issues that occur at a crossing. In some cases, the railroad companies aren’t aware that the trains are blocking traffic, and they can sometimes move the trains after they receive notice.

What If You Get Injured Due to a Blocked Crossing

If you are injured at a blocked crossing, these are steps that you should take.

  1. Seek medical treatment — After an injury, adrenaline often convinces people that they aren’t hurt. Even if you feel fine, go seek medical treatment. This helps to ensure that you aren’t overlooking any injuries. It also creates a paper trail that connects your injuries to the blocked crossing.
  2. Note details about the blocked crossing — Note the location of the blocked crossing. There should be a blue sign showing which train company owns the crossing. Also, look for train company markings on the railcars. 
  3. Take photos — Photos can be critical if you’re trying to establish negligence and liability. Take photos of your injuries and the train.
  4. Talk with witnesses — If possible, talk with other witnesses in the area. See if they are willing to make a statement about the injuries. They may also have additional details about how long the train was stopped and any actions the employees took along the tracks.
  5. Consult with a personal injury attorney — Often, people just accept their losses, and they don’t realize that they could have received coverage for the losses. The railroad company may be liable for any injuries or deaths that occurred as a result of the blocked crossing.

Unfortunately, you generally won’t be able to hold the trains liable for losses such as missing hours from  not being able to get to work on time. It can also be very hard to assess liability in situations where someone dies or suffers due to a first responder being delayed by a blocked crossing. However, if you or a loved one is injured, you may be able to seek compensation.

Contact Us Today

At Satterley & Kelley, we are focused on helping our clients get justice when they are injured due to another party’s negligence. To provide our clients with the highest level of support, we focus on railroad liability, asbestos-related litigation, and truck accidents. Wondering if we can help you? Then contact us today for a free consultation.

East Palestine Train Wreck

What’s Happening With the East Palestine, OH Train Wreck? An Overview of Reactions and Lawsuits

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On February 3rd, 2023, a freight train passing through East Palestine, OH overheated and derailed. Its derailment caused toxic vinyl chloride – and other environmental toxins – to spill and contaminate the environment.

This train wreck had a major impact on the people who live and work in East Palestine. Depending on their location, they had to evacuate or shelter in place right after the accident, and many residents started reporting health problems within 30 minutes of returning home after the evacuation.

In one very sad story, a local woman showed pictures of her daughter’s rash to CNN Health – her tiny hands were red, shiny, and raw. The pediatrician said it was due to exposure to toxic chemicals.

The citizens of East Palestine have been subjected to losses and health problems due to what experts have labeled a completely preventable accident. Many of them have already pursued legal action, but others haven’t taken action, as they are still reeling from the injuries.

Here’s a quick history of what the residents of East Palestine have been through since the train wreck on February 3rd and an overview of their claims against the company.

February 5th, 2023: East Palestine Residents Evacuate and Shelter in Place

On February 5th, Governor Mike DeWine issued an evacuation order for people who lived within a mile of James Street (the nearest street to the accident). He issued a shelter-in-place order for the rest of East Palestine, which was about 5,000 people.

Officials were worried that the toxic vinyl chloride that spilled during the derailment would cause a lethal explosion. They needed to keep people away from the area so that they could perform a controlled explosion in an attempt to minimize the damages.

February 8th, 2023: Returning Home to James Street

DeWine lifted the evacuation order and allowed residents to come back to their homes near James Street. On this day, a resident couple filed the first class-action lawsuit against the company that owned the train, Norfolk Southern. In their complaint, they said that Norfolk Southern had not exercised reasonable care for the residents of East Palestine in the days after the accident, leading to personal and business losses.

February 10th, 2023: Residents Begin Falling Ill

Within a few days of returning to their homes, East Palestine residents started experiencing health problems. For some, the symptoms came on within 30 minutes of arriving home near the site of the train wreck.

People reported a range of illnesses including sore throats, nosebleeds, rashes, headaches, respiratory problems, eye irritation, and nausea. One resident reported that her children’s urgent care doctor said that their coughs and “raw” throats were the result of chemical exposure from the train crash.

Along with health problems, many residents reported a strong chemical smell caused by volatile organic compounds, which  is what gives new mattresses and other VOC-containing items their characteristic strong odor during off-gassing.

At the same time, at least seven government investigators developed the same health problems that East Palestine residents were reporting.

February 18th, 2023: East Palestine Residents Begin to Sue

By February 18th, about two weeks after the incident, at least six class-action lawsuits had been filed by residents of East Palestine.

One class-action lawsuit stated that Norfolk Southern’s freight train put more carcinogenic vinyl chloride into the environment in one week than every industry combined had done over the last 12 months. According to NBC News, a woman named Lisa Sodergen who is a plaintiff in this lawsuit says that her home was “surrounded by toxic black smoke” although it was five miles from the site of the accident.

A variety of complaints were listed in the lawsuits. For example, some plaintiffs sued because the accident caused their property values to drop dramatically. Other plaintiffs sought damages due to the increased risk of health problems in the future and the future costs they were likely to incur due to testing for cancer and other diseases related to vinyl chloride exposure.

March 31st, 2023: The US Justice Department Sues Norfolk Southern

On March 31st, the US Justice Department filed a suit against Norfolk Southern for damages resulting from the train derailment incident and the following environmental disaster.

The DOJ is seeking penalties, relief, and cost recovery for Norfolk Southern’s violations of the Clean Water Act. The suit also seeks to recover penalties and costs under the Comprehensive Environmental Response, Compensation, and Liability Act, due to the railroad company discharging contaminants into the water under

According to CNN, the DOJ has accused Norfolk Southern of “[releasing] toxins into the air, soil, and water, endangering the health and safety of people in surrounding communities.” Seven local waterways were affected, plus all the surrounding air and soil.

The suit also accuses Norfolk Southern of increasing its income while dropping its costs dramatically, leading to drastic budget cuts for the care and maintenance of trains and freight cars. When you give a train car subpar care, its lifespan and performance will  negatively affected. If resources were properly allocated to safety, two alarm failures when the train car causing it to overheat would have been extremely unlikely.

April 6, 2023: Over 30 Lawsuits Have Been Filed

As of April 6, 2023, victims had filed over 30 lawsuits against the company alleging it  caused significant  damages. Residents and businesses that are represented in the lawsuit are seeking the following damages:

  • Compensation for property damage
  • Compensation for ongoing community-based medical monitoring, and
  • Punitive damages

Contact Us for Help If You Have Been Injured

If you have been injured due to a toxic spill from a train derailment or from any other train-related accident, you should reach out for help today. At Satterley & Kelley, we focus on providing our clients with customized legal help so that they can get the economic justice they deserve.

To learn more, contact us today. We’ll start with a free consultation, and then, we’ll help you figure out the next steps forward. Don’t let another company’s negligence ruin your health, harm your family, or hurt your livelihood. Instead, get help today.

The Dangers of Asbestos and the Cover Up

New Law on Secondary Asbestos Exposure

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A Decision From the Kentucky Court of Appeals Has Solidified the Law on Employers’ Legal Duty to People Exposed to Asbestos From Their Relatives Work Clothing

On July 7, 2023, the Kentucky Court of Appeals issued a decision that recognizes duties owed to people who contract mesothelioma due to secondary exposure from their parents’ or spouses’ work clothing.

The decision states that employers have a duty to protect their employees’ relatives from foreseeable harm. It says that in relation to secondary asbestos exposure from employees’ clothing, relatives are not mere bystanders.

The appellate decision also emphasized that pursuant to  Kentucky’s strict liability laws, manufacturers are liable to anyone harmed by their products. Manufacturers cannot escape liability by labeling someone as a bystander or nonuser. Here’s a breakdown of the specifics.

The History of the Williams Case

In 2016, Vickie Williams was diagnosed with mesothelioma, and she filed a lawsuit against Schneider Electric (Square D) and Union Carbide in Fayette Circuit Court. Her father was employed by Square D from the late 1960s to 2003, and Ms. Williams  was exposed to asbestos as a child from  hugging her father after he came home from work in asbestos-covered clothing. She also assisted with washing his clothing as she got older. Union Carbide manufactured the asbestos-containing molding products that were used at Square D.

When Vickie died in 2017, her husband and her son carried on with the lawsuit. In 2023, the trial court granted summary judgment to Square D and Union Carbide holding that neither owed a duty to Ms. Williams because she was a “bystander of a bystander.” In July 2023, the appellate court reversed summary judgment concluding  under Kentucky negligence and products liability law,  both of  companies owed a duty to the victim.

Strict Liability and Bystander Recovery

The Appellate Court’s decision highlighted Union Carbide’s duty to Ms. Williams based on Kentucky’s strict liability laws. When strict liability applies, bystander recovery is fait accompli. That means that it is an established fact.

The trial court claimed that denying the existence of Carbide’s duty was a matter of public policy. The Court of Appeals, however, pointed out that this was in direct conflict with the 1975 ruling of Embs Vs. Pepsi-Cola Bottling Co of Lexington, Kentucky, Inc, which stated that bystander recovery actually helps to promote public policy.

That ruling stated the following: “Our expressed public policy will be furthered if we minimize the risk of personal injury and property damage by charging the costs of injuries against the manufacturer who can procure liability insurance and distribute its expense among the public as a cost of doing business; and since the risk of harm from defective products exists for mere bystanders and passersby as well as for the purchaser or user, there is no substantial reason for protecting one class of persons and not the other.”

The Court of Appeals decision held the Embs duty applied to all manufacturers of products to product the public at large.  Labels and job titles are meaningless.  When a manufacturer makes a product and chooses to sell it, it owes a duty to everyone to make a safe product regardless of who is ultimately injured by any defects.

Duty to Relatives of Employees

In terms of Square D’s duty to Ms. Williams, the issue of public policy is more nuanced, but the Court of Appeal’s decision stated that public policy favors a duty to household members who “regularly and repeatedly” came into contact with an employee’s asbestos-related clothing over an extended period of time.

The trial court granted a summary judgment to Square D on the grounds that the company had no duty to a bystander of a bystander. In other words, the courts decided that Vickie’s father was a bystander at Square D due to its belief that  he primarily worked in the office and infrequently  came into contact with asbestos-containing molding compounds.

However, this characterization was inaccurate. Although Vickie’s father was an engineer stationed in the office, he was frequently in the molding department, and everyone in that area was exposed to asbestos. The Court of Appeals recognized  that her father was not just a mere bystander. He was an employee exposed to asbestos in the course of employment. He brought asbestos dust home on his clothes, and his daughter Vickie regularly inhaled asbestos fibers when she hugged her father to welcome him home.

Foreseeability of Harm

Kentucky law does not define duty based on concepts such as bystander or nonuser. Rather, duty is based on foreseeability. A business has a duty of reasonable care if it can reasonably anticipate that its activities or products may harm someone else, and when Vickie’s father was bringing home asbestos on his clothing, Square D should have known that there was a significant risk of harm to both Vickie’s father and his family.

Medical experts in Kentucky have known about the risks of asbestos dust since at least 1963. This was close to the beginning of Vickie’s father’s four-decade employment with the company. The risks of secondary exposure have been documented for an even longer time period.

In 1913, W.H. Tolman and L.B. Kendall wrote, “The ordinary street-clothes should be taken off and replaced by special suits to be worn during working hours…. by removing the working-clothes before meals and before leaving the factory, the poison is not carried into lunchrooms or into the homes of workers.”

About 60 years later, while Vickie’s father was employed at Square D, a 1972 OSHA guideline outlined the steps employers  should implement to prevent their employees from carrying  asbestos dust outside of the workplace. These historic documents, which were presented by experts in the trial court, prove that the dangers were well known and that the harm was foreseeable.

Employers’ Duty to Employees’ Family Members

This decision does not just help the Williams family. It affects the legal landscape of mesothelioma lawsuits in Kentucky going forward. In the past, employers  argued that they did not owe  a duty to their employees’ families. This ruling, however, has upended this defense.

Now, there is a clear decision recognizing  that the risks were foreseeable during the decades when asbestos use peaked in the United States and that employers have a duty to protect not only their employees but the families of their employees.

Get Help If You’ve Been Diagnosed With Mesothelioma

Mesothelioma is a terrible disease that steals years of people’s lives and destroys families. If you or a loved one has been diagnosed with mesothelioma, do not speculate with your doctor about where you may have come into contact with asbestos. Instead, work with your doctor on your treatment plan, and contact an experienced personal injury lawyer to talk about causes and recovery options.

You have a right to compensation and financial justice. However, you need to act quickly as the statute of limitations is short.

At Satterley & Kelley, we have extensive experience helping people who were exposed to asbestos at work, through a product, or from secondary exposure. To get help today, contact us now at 855-385-9532, or schedule a free consultation. 

Property Damage Caused by Derailments

Who’s Liable for Property Damage Caused by Derailments?

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Train Derailment in Glendale, KY Brings Up Questions of Property Damage Liability

On Thursday, March 16, 2023, at approximately 2:30 pm, a train derailed in downtown Glendale, Kentucky. There was a semi on the tracks at the Gideon Church Road crossing, and in its attempt to stop to avoid the semi, the train derailed. Luckily, no one was seriously injured, and the train wasn’t carrying any chemicals that pose a threat to the public.

However, there was property damage. The 21 cars that derailed were carrying expensive vehicles that were all totaled and turned into scrap metal as a result of the accident. The derailed cars also hit a vehicle and a store. Additionally, the derailment blocked foot traffic, compromising local businesses, and local officials advised people to avoid the area for a few days, hurting local businesses even more.

This was the second derailment at this crossing in less than a year, and the news brings up interesting issues about train company liability for property damage and other types of losses.

Liability for Derailments

According to Daniel Bancroft of Willis North America as quoted by the Insurance Information Institute, the train operator is usually liable for derailments. They are liable for the damaged freight, and they are also liable for any property damage that occurs as a result of the derailment.

In this instance, the derailed train hit an occupied vehicle as well as an antique store.  Based on Bancroft’s explanation, the owner of the vehicle and the store may attempt to hold the operator responsible for the cost of their damages. However, liability isn’t always that straightforward as multiple parties are often involved.

Additional Liable Parties

Rail transport involves a lot of different companies. This can make it very confusing to assess liability, but if you’ve suffered damages due to a derailment, the number of companies involved can also increase the potential of making a successful claim.

Generally, the railroad operator owns the engine and the tracks, and the company that owns the engine usually owns the transport cars. However, in some cases, engines pull cars owned by other operators, and in other cases, the cars are even owned by the shippers. The freight inside the cars is owned by the shippers — except in cases where ownership passes to the recipient before arrival.

On top of that, you also need to consider which entity controls the crossing. It may be the railroad company, but it’s often a public entity such as a city, county, or state. This can become relevant if unsafe crossing conditions contributed to the derailment.

In other words, depending on the situation, the company that owns the tracks, the engine, the cars, or the freight may bear liability when their property causes damage to another party. If an unsafe crossing caused the derailment, then the crossing owner may be liable.

Railroad Liability Coverage

If you bring a lawsuit for damages against a railroad company, they’ll usually rely on their liability insurance to cover the claim. While they aren’t necessarily required to have this type of coverage, most companies do, and it tends to cover the following:

  • Bodily injury and property damage
  • Cargo coverage
  • Coverage for cars hauled but not owned by the operator (aka foreign rolling stock coverage)
  • Evacuation expense coverage for cleaning up hazardous materials or pollutants
  • Employee liability coverage, which is similar to workers’ compensation specifically for the railroad industry.

What if you suffered damages that are not on this list? That doesn’t mean the railroad company or another party isn’t liable for your injuries. It simply means that if held liable, the railroad company may not be able to use its insurance policy to cover the losses.

Negligence and Legal Violations

When you suffer damages, you usually need to establish negligence if you want to bring a legal claim against another party.

Because this issue is multi-layered and legally complex, you should work with a law firm that has experience with railroad derailments and liability issues. Also, as the laws vary from state to state, you need to consult with an attorney who is well versed on the legal issues in your state.

Schedule a Free Consultation Today

At Satterley & Kelley, PLLC, we are personal injury lawyers based in Kentucky, and we are committed to helping our clients get the justice they deserve. We focus on railroad, asbestos, and truck-accident liability, and we are committed to getting our clients the best results possible, regardless of the size or influence of the corporations we go up against.

Have you suffered property or other financial damages as the result of a rail derailment or any other type of railroad issue? Then, contact us today. We’ll start with a free consultation, and if we can meet your needs, we’ll move forward together. Let us help you get the justice you deserve.

Injured While Working for a Railroad Company

What to Do If You’re Injured While Working for a Railroad Company

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If you’re injured while working for a railroad company, you need to follow a slightly different procedure than most people who are injured on the job. Unlike most employees, you won’t make a claim under your state’s worker’s compensation program. Instead, you will need to make a claim based on the rules of the Federal Employer’s Liability Act (FELA).

FELA claims are a bit more detailed and confusing than standard worker’s comp claims, and unfortunately, you have to prove that the railroad was negligent and/or not in compliance with safety regulations. However, under FELA, you have the right to bring a lawsuit against your employees — a right not afforded to people making worker’s compensation claims.

To help you out, here’s what you need to do if you get injured on the job and you’re employed by a railroad company.

What to Do After the Injury

Immediately after you sustain the injury, do the following:

Fill Out a Personal Injury Report

Fill out a personal injury report. Every railroad has a unique form that you should use. Ideally, you should fill out this form as soon as possible after your injury. This ensures that the details are fresh in your head, and it reduces the company’s ability to dispute your side of the story. Unless you get rushed to the hospital in an ambulance, you should fill out this form on site right after your injury.

Seek Medical Attention

Always seek medical attention. Even if you feel like your injuries aren’t that severe, you should get them looked at. Often, the rush of adrenaline that comes in a tense situation can prevent you from feeling or noticing certain injuries. Just because you’re not bleeding does not mean that you’re not injured. In particular, you should make sure that you get examined if you have fallen or hit your head.

Consult With Your Own Doctor

You may be required to see the company doctor, but even so, you should consult with your primary care doctor or another third party. This helps to ensure that you don’t get any bias in your diagnosis or treatment. Also, ask to keep your own copy of any notes or records generated during your appointment.

Make Notes About Unsafe Conditions

To make a successful FELA claim, you will need to prove that the company was negligent or didn’t follow the rules. After your injury, make notes and take photos of the incident. If you’re not able to do this, request another employee or your union rep to help you. In particular, note the equipment you were using, and be very detailed about anything that may have exacerbated the dangers such as poor lighting, inadequate training, lack of maintenance, vegetation by the tracks, unsafe management practices, or other issues.

Keep All of Your Records

Your medical records will be critical for substantiating your claim, while your financial records will help to determine the amount of your claim. Make sure to save absolutely everything. Even if an expense seems small (such as paying a babysitter to watch your kids or filling up your car with gas so that you can drive to the doctor), make sure to keep the receipts.

Damages You Can Recover With a FELA Claim

A FELA claim allows you to recover compensation for missed wages and medical appointments, but it can also allow you to claim compensation for pain and suffering, disfigurement, and loss of limbs. If you die, your family can make a claim for economic losses.

In contrast, if you were only able to make a worker’s compensation claim, you would only be able to recover lost wages and medical expenses. You wouldn’t be able to get anything for pain and suffering.

What Not to Do After a Railroad Employee Injury

To protect yourself, there are a few things that you should avoid doing after a work-place injury at a railroad company. Keep these tips in mind:

1.   Don’t assume that your injury isn’t covered.

FELA covers you for on-the-job injuries, but it may also cover you if you’re doing something related to the job. For instance, if you slip and fall in the company parking lot after clocking out but before reaching your vehicle, you may be covered. Railroad employees have even successfully brought forward claims when they were injured at a hotel while having to stay overnight between shifts away from home.

2.   Do not admit that your actions caused or contributed to the injury.

Under FELA, the railroad company can avoid paying  damages if you caused or contributed to your injury. Even if you think that you may have contributed, don’t make a statement. Talk with an attorney first to make sure that you understand your rights.

3.   Don’t give recorded statements or interviews.

Also, don’t let anyone record you without having an attorney present. Recordings can be twisted and taken out of context.

4.   Don’t accept a settlement without consulting with an attorney.

If the railroad company offers you a settlement, don’t say yes until you consult with a specialist. Generally, companies only offer settlements when they know that they will  likely  have to pay more if the issue goes through the legal process. Even if the offer sounds fair (or even generous), check with someone first. Also, do not sign a release of any kind without consulting with a lawyer.  The release may be overbroad and cover future injuries, which have nothing to do with your current claim. Waiving your right to pursue claims for more serious injuries could have catastrophic consequences.

5.   Don’t claim false injuries.

Don’t ever falsely claim that you suffered an injury. This is illegal, and you are very likely to get caught. The railroad companies may hire someone to perform private surveillance on you when you’re not at work. If you’re doing actions that you claim not to be able to do, you risk getting caught.

6.   Don’t assume that the railroad lawyers work for your best interest.

Remember that the lawyers employed by the railroad companies are always going to prioritize the needs of their client, and of course, that’s the company, not you. To protect your interests, you should obtain your own legal counsel.

7.   Don’t wait to make a claim.

There is a three year statute of limitations for FELA claims. That means that you only have three years from the date of the injury to pursue compensation for your injuries. However, you shouldn’t wait this long. The sooner you take action, the easier it will be to make a claim.

Get Help From a FELA Attorney

An attorney experienced with FELA can help you ensure that you get the full protection offered to you under the Federal Employer’s Liability Act. They can help you through the legal process and ensure that you file all of the right forms. When looking for an attorney, don’t just choose a personal injury attorney or a worker’s comp attorney. Instead, make sure that they have dedicated experience with FELA claims.

At Satterley & Kelley, PLLC we have dedicated experience helping clients who have been injured while working for the railroad companies, and we would love to help you. To learn more, contact us today.

The Toxic Train Wreck in East Palestine

The Toxic Train Wreck in East Palestine, OH

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Several months have passed since the tragic derailing of a freight train in East Palestine, OH. But even months later, the citizens of this town are suffering the health effects of toxic chemicals that were spilled during the wreck.

When the freight train crashed on February 3, 2023, the chemicals that it carried contaminated the water, soil, and air in the area. Right now, experts still don’t know how long the area will remain a health hazard for local residents.

The world has heard all about the sad aftermath of the East Palestine train wreck, but do you know what actually happened? Here’s an overview.

What Happened With the East Palestine Train Wreck?

Early on February 3, 2023, a Norfolk Southern freight car was traveling with a massive load of plastic pellets when an axel began to overheat. This caused the rail car to overheat to the extent that the temperature started to melt the plastic pellets.

Two defective detectors failed to notice that the area was hot enough to melt plastic. The bearing temperature gradually grew, and by the time the train went through a third detector, the temperature had grown high enough to trigger an alarm. It was 253 degrees above the target range.

The engineer immediately reacted to the alarm by hitting the brakes harder – he had already been braking because of another train ahead. But at that point, it was already too late. The wheels and bearing had deteriorated from the heat, and when the wheel bearing failed, its car — Car 23 — derailed.

In all, 38 freight cars went off the tracks in East Palestine. Eleven of those cars were tank cars that carried toxic, flammable chemicals that damaged the cars around them and spread fire everywhere.

Another five freight cars carried over 115,000 gallons of vinyl chloride, which is highly carcinogenic and extremely flammable. Local authorities were worried because some of the freight cars were still getting hotter, and an explosion of vinyl chloride would be devastating. To minimize the risk, workers dug ditches to pour the vinyl chloride into. They planned to burn the vinyl chloride after the rest of the train wreck was cleaned up.

Except the chemical wasn’t destroyed. In fact, by the time officials were ready to deal with it, most of it had already seeped into the environment, including the air, the soil, and the water. The rest would soon break down into metabolites, which also pose dangers to the public.

How Did the Train Wreck Affect East Palestine?

Not long after the wreck occurred, residents of East Palestine started complaining of health problems. Their health issues were nonspecific, including throat pain, dizziness, nosebleeds, nausea, vomiting, and headaches. Some East Palestine residents get so sick that they go to the emergency room.

Local residents weren’t the only ones affected by the wreck. Nearby bodies of water took on the toxic chemicals, and they became toxic. To date, estimates say that at least 40,000 aquatic animals (including fish) died from the chemical spill.

Was the East Palestine Train Wreck Preventable?

According to Jennifer Homendy, chair of the National Transportation Safety Board, the derailment might not have happened if one of the earlier two detectors had gone off in time. That would have given the engineer time to stop the train and figure out the overheating. Stopping sooner would have helped to keep the bearing intact that caused the derailment.

What Happened After the East Palestine Train Wreck?

After the East Palestine train wreck, the Environmental Protection Agency (EPA) ordered Norfolk Southern to clean up the entirety of the wreck, including the water, soil, and debris.

The residents of the nearby area were evacuated immediately, and they were reimbursed for the expense of finding a place to stay. The Norfolk Southern Assistance Center became a hub of resources for people evacuating.

There was also a health assessment clinic designated to help the residents of East Palestine who experienced health problems after the wreck. However, the state has not yet released details about the health effects of the chemicals that were released. To date, the railroad has not compensated many victims for their medical care or injuries.

In addition to dealing with personal injury claims, Norfolk Southern could also face fees of $70,000 each day if it doesn’t comply with delivering a detailed plan about the clean-up process. It must also reimburse the EPA for the cost of cleaning residents’ homes, public places, and businesses. Finally, it  has to attend public meetings to discuss its progress on the cleanup.

As of July 2023, five months after the wreck, over 1 million gallons of contaminated water has been removed from the waterways near the site. The state’s governor is also in the process of removing the railroad tracks to remove the soil underneath the tracks, which is also contaminated.

Get a Legal Expert on Your Side

The East Palestine train wreck emphasizes how a business’s negligence can change your life forever. If you have been harmed by a railroad accident or due to chemicals spilled in a railroad derailment, you should seek help. Even if you’re not sure that the train caused your illnesses, you may still want to consult with a personal injury attorney.

At Satterley & Kelley, PLLC, we focus on helping our clients obtain compensation after railroad injuries, commercial truck accidents, and due to asbestos exposure. Want to know if we can help you or your family? Then, contact us for a free consultation today. Let’s have a conversation about your options.

Common Causes of Motorcycle Accidents

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Motorcycles require a lot of you to operate safely. From training, alertness and preparation, it’s important to be ready. But it’s not always in your hands. That’s why it’s crucial to know who dropped the ball when it comes to your accident.

Over 6,300 motorcyclists died in crashes in 2023, according to the most recent information from the National Highway and Traffic Safety Association. Those accidents can happen for many reasons. But when you’re in an accident due to someone else’s negligence, they could be on the hook to contribute to your recovery.

3 Most Common Motorcycle Accident Injuries

If you’re a motorcyclist, be aware of the risks. These are three of the most common injuries motorcyclists sustain in an accident:

  • Head injuries – Even if you’re wearing a helmet, a crash can cause severe head injuries such as a concussion, traumatic injury to the brain, and cuts and bruises. Kentucky only requires those under 21 to wear a helmet while on a motorcycle, but you should consider wearing one regardless of your age to prevent a potentially fatal head injury.
  • Road rash – During a collision, motorcyclists may either fall off their bike or slide across the ground with their bike. Both situations can cause scrapes and bruises to your body as well as significant muscle or nerve damage.
  • Broken bones – If you’re thrown off your bike during a crash, you may land on a hard road and break a bone. Broken legs are the most common for motorcycle crashes.

Busy roads and distracted drivers can cause some of the worst collisions. 

Understand the Risks

No matter how experienced you are on your motorcycle, a single accident can change your life forever. Since motorcyclists are less visible on the road, drivers of a car or truck might not see you until it’s too late. It’s important that motorcyclists take precautions to prevent an accident caused by a negligent driver.

Understanding the risks involved in riding a motorcycle can also help you stay prepared before hitting the road.

Protection From Others

Distractions, high speeds and reckless maneuvers from other drivers can all put you in danger. It’s important to hold others responsible when it causes a potentially deadly accident. But even without an impact, there are many more ways someone else could be at-fault for your accident.

Troubles Beyond Traffic

Motorcycles are finely tuned machines, and shortcomings in production, design or maintenance could put you at risk without you knowing. The same goes for protective gear. A helmet that is properly licensed is crucial for staying safe. Helmets are 67% percent effective in protecting riders from brain injuries, and 37% effective in warding off death, but manufacturing errors can present serious trouble for your brain and spinal cord when support doesn’t come through.

Even with everything working as it should, a rider and their bike can only operate as well as the roads they travel on. If roads are severely damaged, signs are missing or the design isn’t up to code, then it could be the municipality that’s responsible for your damages. Even something as seemingly minor as a shoulder that is too narrow can lead to dangerous situations.

After a Motorcycle Accident Injury

Getting help after an accident can depend on showing these acts of negligence. It’s not an easy task, and many riders require assistance. Make sure you get the recovery you deserve after a serious motorcycle accident by relying on the attorneys at Satterley & Kelley PLLC. Our team is ready to dig into your case to help find any negligence that led to your injuries, so contact us today.