STORY FROM: Benzene & Emerging Toxic Torts Litigation

Neb. Court Awards Summary Judgment to Union Pacific in Toxic Exposure Suit

OMAHA, Neb. –– A Nebraska federal court has awarded summary judgment to Union Pacific Railroad Company in a toxic exposure lawsuit, finding that while the expert proffered by the plaintiff is “not doubt qualified” to offer his opinion, he cannot “offer scientifically reliable opinions when he lacks the relevant facts.”

The claims were brought on behalf of Timothy O’Neill by Socorro O’Neill, who said that Timothy developed Multiple Myeloma as a result of exposure to diesel fuel, benzene, herbicides, and asbestos fibers while working at Union Pacific Railroad Company’s yards and buildings. The claims were brought under the Federal Employers ...

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