N.Y. Court Denies Motion for Summary Judgment in Diesel Exhaust/Creosote Case

NEW YORK –– A New York trial court has denied a motion for summary judgment filed by Consolidated Rail Corp. in a diesel exhaust and creosote personal injury case, finding that the competing causation evidence is the “classic” battle of experts.

The New York Supreme Court for New York County denied the defendant’s motion in a March 11 order.

The underlying claims was brought under the Federal Employers’ Liability Act by Thomas Holz.

Consolidated Rail Corp. filed a motion for summary judgment, arguing that the plaintiff had failed to establish that it breached its duty of care under FELA and …