The New Jersey Appellate Division sent a Paulsboro derailment case back to the trial court for reconsideration of a plaintiff’s expert under Daubert and Rubanick.

The lawsuit stemmed from the derailment of a freight train in Paulsboro in November 2012, which caused vinyl chloride to leak from four toppled freight cars. Plaintiff Valerie Segar lived close to the crash site and began to feel sick within a few days of the accident. At the emergency room, Segar was diagnosed with a thrombosis in her right foot, which had to be amputated less than a month later. But she was also an overweight diabetic smoker, according to the opinion.

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