A Lackawanna County judge has tossed out a suit filed by a former train conductor who claims he suffered permanent pulmonary damage from prolonged exposure to coal dust, finding that causation cannot be established without expert testimony from the medical community.
In Mullin v. Delaware & Hudson Railway, Lackawanna County Court of Common Pleas Judge Terrence R. Nealon granted summary judgment to defendant Delaware & Hudson Co. on the grounds that plaintiff James J. Mullin failed to present “an iota” of medical proof that his pulmonary issues were the result of his exposure to coal dust while working as a train conductor.
