Kentucky Appellate Court Finds Asbestos Claims Preempted by LBIA

FRANKFORT, Ky. -- A Kentucky appellate court has affirmed a lower court ruling that rejected claims asserted against a locomotive manufacturer because they are preempted by the Locomotive Boiler Inspection Act. Wright, et al. v. General Electric Co., No. 2006-CA-000080-MR (Ky. Ct. App.).

In the Nov. 30 published opinion, the Kentucky Court of Appeals opined that the intent of the Act extends to those manufacturing locomotives because, otherwise, locomotives manufacturers would be subjected to different standards in every state.

Ballard Wright alleges that his lung cancer was caused by exposure to asbestos-containing insulation used on steam pipes and gaskets that …