Court Rejects Argument that Boiler Inspection Act Preempts Claims

PHILADELPHIA -- The Superior Court of Pennsylvania has affirmed an asbestos verdict reached in favor of a former locomotive worker, concluding that the state tort claims were not preempted by the Boiler Inspection Act. Atwell Jr., et al. v. John Crane Inc., No. 2892 EDA 2008 (Pa. Super. Ct.).

In the Dec. 17 opinion, the court agreed with the trial court's conclusion that because OSHA regulations are applicable, no federal preemption occurs.

The claims were asserted on behalf of Thomas F. Atwell, who was allegedly exposed to asbestos-containing materials from 1951 to 2004 while working as a pipe fitter …