Calif. Court Says Boiler Inspection Act Applies to Locomotives Not In Use

SAN FRANCISCO -- A California appellate court has upheld the dismissal of an asbestos defendant, finding that claims asserted against railroad manufacturers "clearly affect" the locomotive design, construction and material, thus falling under the scope of the Boiler Inspection Act. Frastaci, et al. v. Vapor Corp., et al., No. A113752 (Calif. 1st App. Dist., Div. 4).

In the Dec. 21 decision, the Fourth Division of the First Appellate District Court found that the plaintiffs' state tort causes of action were preempted by the BIA, therefore justifying the dismissal of the defendant.

The plaintiffs asserted the claims on behalf of Enio …