Dennis Bouck was diagnosed with malignant mesothelioma in 2020 after years of working for the Kansas City Southern Railway Company (KCSR). When he pursued legal action against his employer and various manufacturers whose asbestos-contaminated products he was exposed to, the manufacturers successfully had the cases against them dismissed. But when his employer attempted to do the same, the courts denied its motion. The court ruled that the law protecting locomotive manufacturers did not extend to the railroad itself.
Mesothelioma Blamed on Railroad Work Falls Under Special Laws
There are many instances of railroad workers being diagnosed with malignant mesothelioma. This is because so many locomotive parts were manufactured using asbestos, the deadly mineral that causes the rare form of cancer. Two different and associated laws apply to damages suffered by railroad workers: The Federal Employers’ Liability Act (FELA) and the Locomotive Inspection Act (LIA).
When Mr. Bouck filed a mesothelioma lawsuit suit against the locomotive parts manufacturers, his cases were dismissed based on a Supreme Court interpretation of LIA that preempted product manufacturers from liability. His former employer attempted to have the case against it dismissed under the same law, but the court pointed out that LIA does not extend to an employer’s responsibility under FELA, which makes “common carrier railroads ‘liable in damages to any person suffering injury while … employed by [the] carrier’ if the ‘injury or death result[ed] in whole or in part from the [carrier’s] negligence.”
Railroad Argues Against Negligence in Worker’s Mesothelioma Lawsuit
Though KCSR argued against being held responsible for Mr. Bouck’s mesothelioma, the court pointed out that the case against him was based on the accusation that they had failed to provide him with a reasonably safe workplace, and that they had subjected him to “prolonged asbestos exposure without proper warnings, testing, safety equipment, or training.”
The court went on to say that the “potential harm from prolonged asbestos exposure had been widely known in the railroad industry since at least the 1920s.” As a result, they denied the railroad’s motion to dismiss the case against them and permitted the afflicted worker to continue seeking justice for the extensive damages that he has suffered.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you have powerful and aggressive advocates working on your side. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
