Former Irish New York Transit employees and their next of kin filed a lawsuit last month against the manufactures of diesel engines and buses, claiming that decades of exposure to diesel fumes at Transit Authority owned and operated bus depots throughout the city has caused severe medical illnesses and, in some cases, death.

Appearing at New York Supreme Court on Monday, August 18, 13 former transit employees and their next of kin (four are Irish-born) filed suits against diesel engine and bus manufactures including General Motors, Grumman, Detroit Diesel and Cummins Diesel.

According to John Dearie, the attorney hired by the plaintiffs to represent them, each of the men, who have either suffered or are still suffering from cancer or heart attacks, were detrimentally exposed to severe exhaust fumes from 1958 to 1999, where they worked as bus drivers, bus shifters and bus mechanics for the Transit Authority and Manhattan and Bronx Surface Transit Operating Authority.

Of the four Irishmen named in the suit, Sean Casey, a native of Co. Limerick who is now being represented by his family in the suit, died two weeks ago from stage four lung and pancreatic cancer.

Two of the others plaintiffs have had heart attacks, and one has inoperable lung cancer and a heart condition.

The Irish Voice met with two of the claimants in their homes last week where they spoke about the horrendous working conditions they faced on a daily basis while working for the Transit Authority.

Jim McGee, 76, a vivacious story teller with a bright smile and hearty laugh, remembers clearly, "the thick fog" that lined the roof of the depot day in and day out in Kingsbridge.

"There was never any open windows and no ventilation," recalls McGee, who resides in Yonkers with his wife Phyllis. McGee had a heart attack in 2002.

"There is no history of heart conditions in my family," he assures the Irish Voice.

After arriving in the U.S. from Dundalk, Co. Louth in 1956 and trying his hand at various bits and pieces, McGee took a job driving buses for the city. "I had a daughter on the way so I needed a regular paycheck," he explains over a cup of Barry's tea.

McGee spent the first five years driving the streets of Manhattan and the Bronx on buses that were in "appalling condition." Fumes would rise up through the floor and onto the bus smothering everyone, he explained.

"But we knew no better," he added.

In 1970 McGee moved on to the maintenance department where he did everything from cleaning the buses to sweeping the depot floors.

Following that McGee became an in-house mechanic where he worked until he retired in 1985. He spent years changing brake shoes, exposing himself further to deadly fumes and even asbestos.

During his service with the Transit Authority, McGee never imagined that years later he would have a heart attack - an attack, he feels, that was brought on by the constant over-exposure to diesel fumes. "I knew the conditions weren't good, but who knew to what extent?" he said.

Two years before his retirement, McGee developed a stomach ulcer. "He almost died," his wife Phyllis adds while carrying a tray of goodies from the kitchen. "It isn't part of his personality you know, an ulcer!" she says.

Now 76, McGee is thankful to be alive and enjoys life to the last. He is currently working part time as a doorman in Bronxville, New York and when he isn't doing that he spends quality time with Phyllis.

Connor Hartnett, a lively 73-year-old Cork man, welcomed the Irish Voice into his Queens home last Friday.

Hartnett, who is currently undergoing his second bout of chemotherapy for inoperable lung cancer, spoke fondly of his days as a bus driver and dispatcher. However, if he knew today that his 42,960 hours of exposure to diesel fumes could have caused lung cancer he wouldn't have taken the job.

Hartnett, who looks 50 and the picture of health, came to the U.S. in January 1956 to make a better life for himself. "Life was tough in Ireland at that time," he said.

His very first job was as a store clerk in midtown Manhattan. He lasted three months.

He went from there to work as a doorman on Fifth Avenue, and in 1958 he was called to serve his newly adopted country. "I spent 13 months in Korea," he said.

Upon completion of his tour, Hartnett got a job with the Transit Authority at Second Avenue and 126th Street. He was later moved to the Bronx.

Hartnett, who is married to Bridie from Co. Longford, drove buses until 1971. "I then became a dispatcher at West Farms," said Hartnett.

While the Corkman was exposed to diesel fumes during his bus routes, it was nothing like what was about to come.

"The smoke and fumes were everywhere," he recalls. "I remember often walking into the depot and trying to write down the bus numbers, but I couldn't even see the bus because the fog was so thick."

In 1976 Hartnett was moved to 100th Street and Lexington Avenue, and the conditions weren't much better there. "I was exposed to the diesel fumes for at least eight hours every day, sometimes 16 hours for most of my working days," he said.

Thinking back, Hartnett said he was healthy. "We were young sure, nothing ever bothered us then," he said.

Since his retirement in 1992 Hartnett has lost four good friends and work colleagues to cancer.

In 1995 his heart started to give him trouble and coronary heart stints were inserted. In 2006 he needed more.

It was in September of last year that Hartnett discovered he had cancer.

Shocked but a fighter, he immediately began a strong course of chemotherapy. His first bout finished in April this year. He then went on medication.

In July, a scan reveled that the cancer was still present in his lungs. He needed more chemo. "Thanks to Dr. George Zervos I'm still alive," said Hartnett, who has no cancer in his immediate family.

Although sick and more often than not very tired from the therapy, he will fight on.

Hartnett said his main purpose of filing the lawsuit was "to help someone else not have to go through what I went through."

One major contributor to the unhealthy diesel fume clouds within the depots came from the 100 or so idling buses with their engines running over night. "Sometimes the buses would be left on overnight because in the cold weather they would be difficult to start up again the next day," he said.

Although Hartnett would love to travel back to Ireland - something he used to do a few times a year - to visit his family, he isn't going to be taking any chances. "I need to stay close to the doctors here. I wouldn't like to be in Ireland and something happen me," he said.

Dearie told the Irish Voice from his office on Monday that each case will stand on its on merit.

"A jury will consider each of the variables, like how many hours each worker was exposed to, what years, where they were exposed and what their medical condition is," said Dearie.

"City buses operated in every community, driving New Yorkers to work, school, the hospital, and family visits, but riders never knew their drivers and the mechanics who maintained the bus fleet were, unknowingly, exposed to hazardous diesel fumes every day back in the depots," said Dearie.

"It is unconscionable to think that these men were subjected to these harmful fumes for such extended periods of time without any protection or warnings as to the hazard of diesel exposure."

Dearie anticipates since this is the first cluster, the case will go to trial.

The case, he says, has been five years in the making. "We have monitored several studies throughout the years involving the link between diesel fumes and various medical conditions mostly including, but not limited to, strokes, heart attacks and lung cancer," he said.

Since the announcement three weeks ago Dearie has received countless calls about the case. "We've not only received calls from transit workers but also people in the construction field and those who deliver packages," he said.

Those who believe that they have been affected by diesel fumes can obtain more information by contacting the law offices of John C. Dearie at 1-800-2-DEARIE (1-800-233-2743).