Attorneys Alexandersen & Olarczuk-Smith Obtain Summary Judgment for Railroad Carrier in Mesothelioma Case

Attorneys Kevin Alexandersen and Holly Olarczuk-Smith obtained a summary judgment for a railroad carrier in a mesothelioma case filed in Middlesex County in Massachusetts. Plaintiff brought a premises liability negligence claim for personal injury and wrongful death damages resulting from mesothelioma contracted by the decedent, based on the allegation that the railroad employed and exposed the decedent’s father to asbestos at work, and that her father then brought those fibers home from work and indirectly exposed the decedent to them off and away from the railroad’s premises. The trial court granted summary judgment because Plaintiff had no admissible evidence to establish that the decedent’s father was exposed to any asbestos-containing material during his employment with the railroad that migrated into the home. With no proof of exposure to asbestos attributable to the railroad’s premises, Plaintiff was unable to support her theory of law (regardless of its merits). Because Plaintiff could not prove these essential elements of her take-home exposure claim based on premises liability, the trial court granted summary judgment in favor of the railroad and dismissed Plaintiff’s amended complaint with prejudice.