Attorneys Jeff Jackson and Latia Hubbard obtained summary judgment for two major railroad carriers in a bladder cancer case filed in Suffolk Superior Court in Boston, MA. Plaintiff brought his action under the Federal Employers’ Liability Act (“FELA”) alleging that the railroads negligently exposed him to diesel exhaust, creosote, and asbestos throughout his career and that this exposure had caused his cancer. In the summary judgment motion, the railroads argued that Plaintiff failed to timely file his lawsuit with the applicable statute of limitations under the FELA, as he believed his cancer may have been caused by exposures working as a conductor and brakeman more than three years before he filed his lawsuit.
After a hearing and arguments presented by both sides, the trial court agreed with the railroads’ position, granted summary judgment in favor of the railroads, and dismissed Plaintiff’s complaint with prejudice.