Products Liability Law Reporter

A federal district court held that a former employee of the BNSF Railway Co. had brought a timely claim seeking damages against the railroad for lung cancer resulting from his alleged exposure to asbestos and diesel fumes while working for the railroad.

Robert Ledbetter, a smoker and former BNSF employee, was diagnosed as having lung cancer in September 2015. He sued the railroad in August 2018, alleging liability under the Federal Employers’ Liability Act (FELA). The plaintiff claimed that his exposure to various toxic substances and carcinogens, including asbestos and diesel fumes, led to his cancer. The defense moved for summary judgment on limitations grounds.

Denying the motion, the court noted that a plaintiff must commence a FELA action within three years of the date the cause of action accrues. The court found that there is some evidence that the plaintiff had not known his cancer was possibly work related before he received his diagnosis in September 2015. Thus, the court concluded that reasonable minds could reach separate conclusions about whether the plaintiff’s claim was timely and, therefore, summary judgment is improper.

Citation: Ledbetter v. BNSF Ry. Co., 2020 WL 3545251 (N.D. Tex. June 30, 2020).

Plaintiff counsel: Shawn Sassaman, Conshohocken, Pa.