Attorneys Bazzy & Jackson Obtain Summary Judgment on Behalf of Major Railroad Carrier

On March 26, 2024, Attorneys Nicole Bazzy and Jeffrey Jackson obtained summary judgment for a major railroad carrier in a chronic myeloid leukemia case filed in Fayette County, Pennsylvania. Plaintiff, a former railroad engineer, filed his action under the Federal Employers’ Liability Act (“FELA”) and the Locomotive Inspection Act (“LIA”) alleging that the railroad negligently exposed him to various substances over the course of his career and that this exposure had caused his cancer. In its summary judgment motion, the railroad argued that Plaintiff failed to disclose any expert reports as required by the civil rules and the trial court’s scheduling order and had no evidence that his cancer was caused by his alleged occupational exposures. The trial court agreed that Plaintiff had not adduced sufficient evidence in the record to establish the required causation element of his claims, and dismissed Plaintiff’s claims with prejudice.