Pa. Court Finds Asbestos Claims Preempted by Boiler Inspection Act

PHILADELPHIA -- A Pennsylvania federal court has dismissed an asbestos plaintiff's common-law tort claims against Garlock Sealing Technologies, saying that because the defendant's products were part of the design and construction of a locomotive, the claims are preempted by the Boiler Inspection Act. D'Amico v. Garlock Sealing Technologies, et al., No. 92-5544 (E.D. Pa.).

In the Sept. 13 order, Judge Thomas N. O'Neill Jr. of the U.S. District Court for the Eastern District of Pennsylvania issued an order awarding summary judgment to Garlock, saying that the federal statute prohibits a damages award in the case.

Carol D'Amico filed the lawsuit …