Thursday, January 04, 2024

Garner v. BNSF Railway Co. (Cal. Ct. App. - Jan. 4, 2024)

Back in the old days, when you saw a complaint against a railroad, it was for the typical stuff: a railway worker got injured, someone got hit by the train, a cow trespassed on the tracks, etc.

By contrast, nowadays, it's things like this one: a railway worker claiming that he got cancer from inhaling diesel exhaust, benzene, and the like.

The trial court bounced this one because it didn't think the experts satisfied Daubert, but the Court of Appeal reverses and remands for a trial.

It's never been easy running a railroad.

(Except, of course, in Monopoly.)