Judge: Suit Against Railway Passenger Car Company Survives Preemption
Mealey's (September 12, 2018, 1:48 PM EDT) -- KANSAS CITY, Kan. — Because the record shows that passenger car steam pipes weren’t always connected to a locomotive and Congress appears to have mandated the use of certain railroad equipment rather the completely preempting the field, a daughter’s suit alleging that her father contracted mesothelioma after exposure to asbestos may proceed, a federal judge in Kansas held Sept. 10 (Nancy Little, et al. v. The Budd Co., No. 16-4170, D. Kan.).
(Opinion available. Document #01-180926-001Z.)
Nancy Little filed an asbestos-related injury action in the Shawnee...