Attorneys Pat Horvat, Amanda Sargent, and Jeff Jackson obtained a dismissal for a major railroad carrier in a bladder cancer case filed in the Philadelphia Court of Common Pleas. Plaintiff brought his action under the Federal Employers’ Liability Act (“FELA”) alleging that the railroads negligently exposed him to diesel exhaust throughout his career and that this exposure had caused his cancer.
At a hearing conducted immediately before jury selection was set to commence, the railroad argued that Plaintiff’s retained expert oncologist failed to apply a sound methodology in arriving at his medical causation opinion in the case. After hearing arguments from both parties, the court agreed, excluding the testimony of Plaintiff’s expert and granting summary judgment in the railroad’s favor, and dismissing Plaintiff’s complaint.