Attorneys Alexandersen, Olarczuk-Smith & Seiler Obtain Summary Judgment for Two Railroad Carriers

Jan 12, 2024 | News

On January 11, 2024, Attorneys Kevin Alexandersen, Holly Olarczuk-Smith, and Brooke Seiler obtained summary judgment for two major railroad carriers in an acute promyelocytic leukemia case filed in Cuyahoga County Court of Common Pleas, Ohio.  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 leukemia. The railroads successfully argued that Plaintiff’s medical causation opinions were inadmissible under Evid.R. 702 and applicable law. Without the requisite expert testimony, Plaintiff was unable to establish medical causation and the trial court granted summary judgment in favor of the railroads and dismissed Plaintiff’s complaint with prejudice. 

Attorneys Alexandersen, Olarczuk-Smith, and Seiler are pleased with the outcome of this matter as the opinion can be used in other FELA cases in support of similar arguments.