Asbestos MDL Court Denies Summary Judgment to CSX on Locomotive Inspection Act Claims

PHILADELPHIA –– The national Asbestos Products Liability Multidistrict Litigation court has adopted a recommendation denying partial summary judgment to CSX Transportation, agreeing with the magistrate judge that a locomotive may be in use even though it is motionless.

In the Jan. 2 order, the U.S. District Court for the Eastern District of Pennsylvania ruled that CSX had failed to prove that the plaintiff had insufficient evidence supporting his claims under the Locomotive Inspection Act.

Horace Lowman alleged he was injured after being exposed to asbestos while employed by CSX as a sheetmetal worker. During the course of his employment, …