8th Cir. Upholds Dismissal of Workplace Exposure Claims Against BNSF

OMAHA, Neb. –– An 8th Circuit U.S. Court of Appeals panel has upheld dismissal of a lawsuit against BNSF Railway Corp. alleging that a former employee’s lung cancer was caused by his workplace exposure to asbestos, diesel exhaust, and silica.

In an Aug. 2 order, the panel agreed with the U.S. District Court for the District of Nebraska that the testimony of one of plaintiffs’ causation experts was inadmissible.

The plaintiffs allege decedent James L. Lancaster’s lung cancer was caused by exposure to diesel exhaust, silica, or asbestos during the course of his employment with BNSF.

In support of …