A Superior Court panel has rejected an asbestos defendant’s attempt to have a verdict against it overturned because the plaintiff’s decedent worked in a railroad maintenance facility.
The decision, reached unanimously by a three-judge panel, affirms a trial court decision and holds that asbestos exposure claims are not pre-empted by federal law under such a fact pattern because the Federal Railroad Safety Act allows for states to adopt laws or regulating standards related to railroad safety.
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