STORY FROM: Asbestos
Pa. Court Dismisses Asbestos Case, Says Claims Preempted by Locomotive Inspection Act
January 13, 2020
PHILADELPHIA –– A Pennsylvania court has dismissed an asbestos case, concluding that the claims are preempted by the Locomotive Inspection Act given that the parts at issue in the case were integral or essential to the completed locomotive.
In the Jan. 9 decision, the U.S. District Court for the Eastern District of Pennsylvania further found that preemption applies to the common law negligence, wrongful death, and survivorship claims asserted in the case.
Martin Shields filed the underlying complaint, saying that decedent Diane L. Shields was exposed to asbestos while working at the Motor Coils Manufacturing Company.
In its opinion, ...