The Supreme Court has entered into a debate that may set a precedent for future asbestos patients and mesothelioma attorneys.
The case Kurns vs. Railroad Friction Products Inc. has entered the Supreme Court to determine whether or not a state’s ruling will supersede federal regulations on railroad safety.
The plaintiff Gloria Kurns lost her father to mesothelioma which was traced to railroad parts as the source of his asbestos- exposure. Railroad Friction Products Inc. manufactured the materials that caused his illness and are responsible for his death. Mesothelioma lawyers hold these companies accountable by filing civil lawsuits on behalf of asbestos victims and often obtain significant settlements.
Asbestos is the known cause of mesothelioma and other respiratory diseases. Mesothelioma is a type of cancer that affects the lining of the lungs and is generally fatal within months of diagnosis. Because of this mesothelioma attorneys have been able to win large lawsuits for the victims of this disease.
Lower courts decided that railroad companies should not be responsible if federal regulations do not provide guidance on locomotive safety. The federal regulation for locomotive safety do not list asbestos, therefore Railroad Friction Products doesn’t think they are responsible for the senior Kurns’ asbestos exposure.
State regulations however indicated that the company does hold some of the responsibility. The final decision of the Supreme Court will have an impact on the future of asbestos litigation in regards to railroad safety.
