LIRR sued for affects of second-hand smoke

Full story: Newsday

A former Long Island Rail Road conductor is suing the railroad for $10 million, claiming his cancer was caused by 14 years of exposure to second-hand smoke in designated smoking cars, which were banned by the ...
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1 - 20 of 120 Comments Last updated Jul 19, 2012
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huh

Hoboken, NJ

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#3
Jul 23, 2007
 
Funny how the smoke wasn't an issue while he was working there. Why didn't he take another job? No one put a gun to his head to make him take that job.
EVEN STEVENS

Springfield Gardens, NY

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#4
Jul 23, 2007
 
Just shows how weak and helpless we all are as humans when we face the unkindly act of death. I remember when the LIRR banned the smoking cars in 1988 because the feds wouldn't give the LIRR funds if it continued with the smoking cars. I smoked then and it really got on my nerves not being able to light up after a hard day's work. Why doesn't the former LIRR employee sue the American Indians. They are the ones who introduced tobacco to us. Sue the Indians.
LIRR Rider

Washington, DC

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#5
Jul 23, 2007
 
Those smoking cars were disgusting. If you ever had to move from one car to another and walk through them, you know exactly what I mean. You couldn't breathe and your clothes smelt real bad. Even with the ban, some people still smoke in the lavoratories.
MORE GARBAGE LAWSUITS

Melville, NY

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#7
Jul 23, 2007
 
you can't be serious. why hasn't the judge thrown this suit out of court with the rest of the garbage?
this guy does not have lung cancer or anyother cancer that has been linked with smoking much less 2nd hand smoke. if he had throat cancer or lung cancer i could understand the suit. but neck cancer?
PEOPLE WHO NEVER SMOKED IN THEIR LIVES GET CANCER. IT'S A FACT OF LIFE.
No Comment

United States

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#8
Jul 23, 2007
 
Give me a break already.

I would am curious, did he ask the LIRR to change his cars? Did he ask his coworkers to stop smoking? During that time, did he frequent restaurants that allowe smoking? Did any of his friends or family smoke?

All of these law suits whenever someone get slung cancer is ridiculous. Sounds to me like this guy knows he's dying, never made provisions for his family and now would like to leave them with a big lump of cash.

Give me a break!
Left Out Facts

Brooklyn, NY

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#9
Jul 23, 2007
 
What the article does not mention is that he was a smoker.
Just Readin

Brooklyn, NY

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#10
Jul 23, 2007
 
GDF lawyers.
Ambulance chasers.
Good town

New York, NY

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#11
Jul 23, 2007
 
Interesting case. I would love to follow it. I think he has a strong case here. The LIRR should be sued for breach of providing good quality service at a fair and reasonable price.
LIRR Rider wrote:
Those smoking cars were disgusting. If you ever had to move from one car to another and walk through them, you know exactly what I mean. You couldn't breathe and your clothes smelt real bad. Even with the ban, some people still smoke in the lavoratories.
Morton Downey III

New Hyde Park, NY

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#13
Jul 23, 2007
 
American Indians don't have much money.
EVEN STEVENS wrote:
Just shows how weak and helpless we all are as humans when we face the unkindly act of death. I remember when the LIRR banned the smoking cars in 1988 because the feds wouldn't give the LIRR funds if it continued with the smoking cars. I smoked then and it really got on my nerves not being able to light up after a hard day's work. Why doesn't the former LIRR employee sue the American Indians. They are the ones who introduced tobacco to us. Sue the Indians.
bessie

New York, NY

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#14
Jul 23, 2007
 
I traveled in those cars all the time. I am suing the LIRR for my exposure to second hand smoke.
Phil Ossifer

New York, NY

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#15
Jul 23, 2007
 
That should be "effects," not "affects" of second-hand smoke.
Realist

New York, NY

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#16
Jul 23, 2007
 
The smoking cars were unbelievable. I felt sorry for the conductors who had to regularly pass through them. The people in the cars looked like death warmed over... I doubt that there are too many regular smoking car riders alive today.
enough already

Milford, PA

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#17
Jul 23, 2007
 
Why is everything that happens to someone someone elses fault? Is this guy going to sue every passenger and employee that rode the train or worked at this place and smoked there? Why not sue everyone that smoked in a restaurant or a public place. If the smoke at his place of employment was that bad in 1970's and 80's why didn't he just quit instead of sticking it out? Suck it up already! Put your big girl panties on and just deal with it.
Pete

Monroe, NY

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#18
Jul 23, 2007
 
I think he's just looking for an extra retirement check.
Pete

Monroe, NY

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#19
Jul 23, 2007
 
EVEN STEVENS wrote:
Just shows how weak and helpless we all are as humans when we face the unkindly act of death. I remember when the LIRR banned the smoking cars in 1988 because the feds wouldn't give the LIRR funds if it continued with the smoking cars. I smoked then and it really got on my nerves not being able to light up after a hard day's work. Why doesn't the former LIRR employee sue the American Indians. They are the ones who introduced tobacco to us. Sue the Indians.
Don't give the Indians (er hum "Native Americans")any ideas. They could sue for exposure to fire water.

“take a deep breath”

Since: Jul 07

Huntington Station, NY

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#20
Jul 23, 2007
 
huh wrote:
Funny how the smoke wasn't an issue while he was working there. Why didn't he take another job? No one put a gun to his head to make him take that job.
Whenever this issue comes up, someone always says something like "no one forced him to work there" or "why didn't he just get another job?"

People need to work in order to make money to feed and shelter themselves and their families. The need is fundamental.

I would guess that it's a very small percentage of the population that works their job of choice and only because they want to do it. Most people settle for a job they can stand that will fulfill their basic needs, lest they end up with no job at all.

Most people aren't in a position to just up and quit their jobs. There just is no excess of good jobs out there--and there certainly wasn't in the 80s. A possible health risk in the future, no matter how severe, will rarely trump the immediate risk of losing one's home or not being able to provide for one's children.

I would risk my life for my children--but I shouldn't have to.

“take a deep breath”

Since: Jul 07

Huntington Station, NY

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#21
Jul 23, 2007
 
Left Out Facts wrote:
What the article does not mention is that he was a smoker.
From the article: Paolicelli characterized Hepburn as "a guy who always took care of himself" and who "never smoked in his life."
one who was there

Bronx, NY

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#23
Jul 23, 2007
 
Wrong it was always an issue that they and the Engineers were forced to work in smoking cars.The smoke was so thick you couldn't see the other end of the car.It was gross.The LIRR didn't do anything about it until they realized the were liable for lawsuits from the employees who were required to work these cancerous death traps.At least the commuters were free to move to another car.I think he has a good case.
PC GONE WILD

Smithtown, NY

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#24
Jul 23, 2007
 
PAYDAY!!!!!!!!!!

While we are at it, lets Sue the car makers for exposing us all to carbon dioxide, hey I will sue you for driving your carbon dioxide emitting machine. I am sueing mankind and lawyers want in?

The only way to stop these BS lawsuits is to force and allow counter claims to cover legal and court fees. Why should we as taxpayers be forced to pay for the court system when their time is being spent hearing arguements like this?

If you lose a civil suit or it is dismissed, the suing attorney must pay the person being sued AND reimburse the taxpayer 9Courts) for the costs.
Keepin The Faith

Garfield, NJ

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#25
Jul 23, 2007
 
Can he prove that he was never exposed to smoke anywhere else (family, including extended; movie theaters; restaurants; etc). Seems that this Gent needs to sue the world airlines, too!!!!

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