Ohio Railroad Workers Claims Are Preempted by Federal Locomotive Act, Court Holds

CLEVELAND - A group of rail workers who filed state law claims for injuries allegedly caused by exposure to asbestos-containing locomotive parts, should instead seek recourse under the Federal Employer Liability Act (FELA), a state appeals court has held. Darby v. A-Best Products Co., et al., No. 81270 (Ohio Ct. App., Eighth Dist.).

Affirming that the state law personal injury claims of Forest Darby and several of his co-workers are preempted by the Federal Locomotive Boiler Inspection Act (BIA), the Eight District Ohio Court of Appeals said Dec. 19 that pursuing damages under FELA might be a 'wiser course' for …