Ga. High Court Asked to Review Award of Summary Judgment to CSX in Benzene Case

ATLANTA — The Georgia Supreme Court has been asked to review a ruling in which an appellate court awarded CSX Transportation Co. summary judgment in a benzene exposure case after finding that the methodology of the plaintiff’s causation expert was unreliable.

The plaintiff filed her petition for certiorari on Nov. 27.

Luther Bowers, who worked for CSX for more than 30 years, alleged his terminal lung cancer was caused by continuous exposure to diesel fuel and exhaust, asbestos, and silica dust. He sued CSX in Georgia state court under the Federal Employers’ Liability Act (FELA), alleging the railroad company’s …