Ga. Appeals Court Upholds Summary Judgment Award to CSX in Cancer Case
November 7, 2023
ATLANTA — A full court majority of the Georgia Court of Appeals upheld an award of summary judgment to CSX Transportation Co. in an exposure case, ruling that the methodology of the plaintiff’s causation expert was unreliable because he failed to show how the various studies on which he relied applied to the decedents’ case.
In a Nov. 3 opinion, the majority also found fault with the expert’s differential diagnosis, opining that it did not rule out the decedent’s smoking as a cause of his lung cancer.
Luther Bowers, who worked for CSX for more than 30 years, alleged his …