Railroad Engineer Says Exposure Evidence Enough to Counter Summary Judgment Motion by CSX

HAMMOND, Ind. — A railroad engineer who is suing CSX Transportation over alleged injuries from exposure to harmful fumes from a leaking tank car says that contemporaneous evidence of an adverse event should be sufficient to preclude summary judgment despite any lack of evidence of harmful fumes.

Nicholas Howell submitted his argument July 17 in the U.S. District Court for the Northern District of Indiana in response to CSX’s June 3 motion for summary judgment.

Howell alleges that he was overcome while his locomotive was passing through a hazardous cloud of fumes on Feb. 3, 2009. He says that he …