Jury Finds for Department of Transportation in Diesel Exhaust Fume Case

CHARLESTON, W.Va. -- A West Virginia jury has returned a defense verdict, finding that while a government entity failed to protect a worker from diesel exhaust fumes, this failure was not the cause of the plaintiff's multiple myeloma. Cutlip v. W.Va. Department of Transportation, Division of Highways, No. 02-C-2345 (W.Va. Cir. Ct., Kanawha Cty.).

The Kanawha County Circuit Court returned the verdict on Jan. 23 after a nine-day trial overseen by Judge James Stucky.

Plaintiff Lucinda Kay Cutlip alleged that her multiple myeloma was caused by exposure to diesel exhaust while she was employed at a garage facility operated by …