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Toxic Tort Case Results in Verdict

This is an interesting case involving a transit worker whose job is conducting with New Jersey Transit. A worker filed a toxic tort lawsuit (toxic fume exposure) against his employer, indicating he sustained brain damage after being exposed to toxic diesel fumes while working a night-time run.

On one of his normal runs, he found flames in a section of the train. He managed to get all the passengers off the train, spoke to the train master and finished his two hour run. During those two hours, he was, apparently, exposed to toxic diesel fumes, which caused anoxia, leading to brain damage. He did not leave the train; he had no authority to do so without an order from the train master.

The jury awarded $749,000 in future wage loss and $251,000 for past medical bills. However, they also found that the man (inexplicably, in my opinion) was 50% responsible, and the award, without interest and costs, was reduced to $500,000.

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