Judgment Affirmed for Locomotive Defendant, Court Says Claims Preempted

LOS ANGELES -- A judgment entered in favor of a locomotive defendant has been affirmed by a California appellate court, which found that the secondhand exposure claims asserted by the plaintiffs were preempted by federal law. Haver v. BNSF Railway Corp., No. B215600 (Calif. Ct. App., Second Dist., Div. 4).

In the April opinion, the California Court of Appeal for the Second District opined that since the plaintiff never sought to amend her complaint to add new factual allegations, she could not assert them on appeal.

Initially, Lynne Haver filed the lawsuit, contending her mesothelioma was caused by secondhand …