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NYC Transit Workers Sue Engine Makers Over Fumes

By Melissa Lipman

Law360, New York (August 19, 2008) -- More than 15 suppliers of diesel buses and engines
— including General Motors Corp. and Cummins Inc. — have been hit with three suits by
former New York City Transit Authority employees alleging that the products released
unsafe exhaust that caused a variety of health problems for the workers.

The suits, filed in the Supreme Courts of the State of New York for New York, Kings and
Bronx counties, accuse the automotive makers of negligence, strict products liability, loss of
services, wrongful death, and conscious pain and suffering.

The plaintiffs — split across the three suits — are 13 former transit authority bus drivers,
shifters and mechanics, or their next of kin in the case of several deceased individuals, who
allege they suffered a variety of health problems, including cancer, respiratory and
cardiovascular diseases, after "suffer[ing] repeated, long term exposure to the diesel
exhaust particles ... in the course of their employment."

The complaints claim that the defendants were negligent in failing to provide sufficient
information on the risks allegedly posed by their products and in failing to meet the
standards for diesel engine emissions under the Clean Air Act.

The plaintiffs further accuse the companies of turning off the engines' "emission control
'defeat devices'" after the products had met the necessary pre-sale testing standards.

"The Defendant manufacturers assumed a special responsibility to the public, which expects
them to stand behind their products," according to the complaints.

The complaint also argues that the manufacturers should be held strictly liable for the
products since "at the time of manufacture, it was feasible, technologically and
economically, to design the diesel engines and buses, and to provide warnings and
instructions, in a manner that would eliminate or reduce the harmful health effects of the
diesel exhaust particles."

"The cure for the problem was in the hands of the diesel engine manufacturers. They're the
ones who could prevent the diesel particulate matter from being emitted from their engines.
They could have done it with simple engineering changes in the design of their engine,
which they resisted doing because it would cost them money," said plaintiffs' co-counsel
John E. Durst, Jr.
The complaints seek compensatory and exemplary damages as well as costs.

The bus depots served as a particular source of the allegedly harmful emissions, since up to
100 buses would sometimes be left running overnight because turning off the engines would
often cause the buses not to start up properly in the morning, according to the plaintiffs'
attorneys.

Durst also expects additional similar lawsuits to follow with workers in similar conditions in
other industries that use diesel engines.

"We hope to change the design of the trucks, locomotives and buses around the world with
this case," Durst said. "New York is one of a handful of cities that have upgraded their buses
to clean buses. Every other city in the world is still using the same cancer-causing diesel
engines."

The named defendants in all three suits are: General Motors Corp., Grumman Aerospace
Corp., Northrop Grumman Corp., Orion Bus Industries Inc., Daimler Buses North America
Inc., New Flyer Industries Ltd., KPS Capital Partners LP, Harvest Partners Inc., Harvest
Partners Fund IV LP, New Flyer Industries Inc., New Flyer of America Inc., Nova Bus Inc.,
Transportation Manufacturing Corp., Motor Coach Industries International Inc., Prevost Car
(US) Inc., Detroit Diesel Corp., Cummins Inc. and Caterpillar Inc.

Spokesmen for Caterpillar and Cummins declined to comment on the pending litigation.

Representatives for the other defendants were not immediately available for comment
Tuesday.

The plaintiffs are represented in this matter by the Durst Law Firm PC and the Law Offices
of John C. Dearie. Counsel information for the defendants was not available at the time of
publication.

The New York county case is Casey et al. v. General Motors Corp. et al.; the Kings county
case is Santoro et al. v. General Motors Corp. et al.; and the Bronx county case is Jackson
et al. v. General Motors Corp. et al., all in the Supreme Court of the State of New York.
Additional case information was not immediately available Tuesday.

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