Alabama Supreme Court Says Locomotive Inspection Act Preempts Asbestos Claim

MONTGOMERY, Ala. - Claims that arose out of the asbestos related-death of a former rail worker are preempted by a federal law that sets safety guidelines for locomotives, the Alabama Supreme Court has ruled. General Motors Corporation v. Charles W. Kilgore, et al., No. 1002149 (Ala. Sup. Ct.).

Reversing a lower court decision to deny summary judgment to parts manufacturer General Motors Corp., the high court ruled Dec. 20 that the Federal Locomotive Inspection Act (FLIA) preempts state common law actions such as the ones filed in June 1999 on behalf of William Austin Kilgore.

Kilgore died in 1997, …