Appeals Court Upholds Summary Judgment in FELA Asbestos Case

RALEIGH, N.C. - A state appeals court has upheld summary judgment in favor of Norfolk Southern Railway Co. in a FELA claim filed against the company by a former employee who suffered from stomach and respiratory problems, allegedly as a result of asbestos exposure. Pinczkowski v. Norfolk Southern Railway Co., No. COA01-1445 (N.C. Ct. App.).

The North Carolina Court of Appeals said in an opinion filed Oct. 15 that the Buncombe County Superior Court was correct in applying FELA's three-year statute of limitations to allegations that Gordon Pinczkowski was not made aware that his problems were caused by asbestos exposure …