Attorneys Kevin Alexandersen and Holly Olarczuk-Smith obtained a summary judgment for a major railroad carrier in a lung cancer case filed in Middlesex County, Massachusetts. Plaintiff brought the action under the Federal Employers’ Liability Act (“FELA”) alleging that the railroad negligently exposed the decedent to toxic substances throughout his career and that this exposure had caused his cancer and death. In the summary judgment motion, the railroads argued that the personal injury survival claim was time-barred and the wrongful death claim was not cognizable because the personal injury claim expired during the decedent’s lifetime.
The trial court agreed with all the arguments presented by the railroad. The trial court, therefore, granted summary judgment in favor of the railroad and dismissed Plaintiff’s complaint with prejudice.
Mr. Alexandersen and Mrs. Olarczuk-Smith are pleased with the outcome of this matter as this case can be used in other FELA cases in support of similar arguments.