The estate of a New Jersey woman who died of mesothelioma—possibly caused by physical contact with her father, who worked for a rapid transit system, and his asbestos-covered clothes—cannot sue the transportation system in state court, an appeals panel has ruled.
Any state tort claims the estate may have against the key defendants—the Delaware River Port Authority (DRPA) and its subsidiary, the Port Authority Transit Corp.—are pre-empted by federal laws governing locomotives, the three-judge Appellate Division panel said in a published ruling Nov. 19.
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