Attorneys Jeff Jackson and Amanda Sargent obtained summary judgment for a major railroad carrier in a wrongful death colon cancer case filed in Suffolk Superior Court in Boston, MA. Plaintiff brought her action under the Federal Employers’ Liability Act (“FELA”) alleging that the railroads negligently exposed her deceased husband to diesel exhaust, creosote, and asbestos throughout his career and that this exposure had caused his cancer. In the summary judgment motion, the railroad argued that Plaintiff failed to timely and properly take actions necessary to become the estate representative, a prerequisite to filing and maintaining a wrongful death action under the FELA.
After a hearing and arguments presented by both sides, the trial court agreed with the railroad’s position, granted summary judgment in favor of the railroad, and dismissed Plaintiff’s complaint with prejudice.