Railroad Says It Can't Be Held Liable for Delivering Silica Products

ST. LOUIS - A railroad company named in a silica complaint filed recently in Missouri has moved for summary judgment, arguing that it should not be held liable for merely delivering the product that allegedly caused harm to the plaintiffs. Covey v. Union Pacific Railroad Co., No. 03-01686 (E.D. Mo.).

In a motion filed Dec. 16 in U.S. District Court for the Eastern District of Missouri, defendant Union Pacific Railroad contends that it was acting within its capacity as federally regulated carrier of the silica products to which the plaintiffs alleged exposure and, as a result, owed no duty to …