Segal McCambridge Singer & Mahoney Senior Associate Robert Coleman Wins Summary Judgment in a Federal Court Case Based on the Boiler Inspection Act

News

September 14, 2007

Segal McCambridge Senior Associate Robert Coleman recently received summary judgment in the Eastern District of Pennsylvania on behalf of the manufacturer of asbestos products whose gaskets were used in locomotives.  Coleman's client, the last remaining defendant in this mesothelioma death case, argued in its motion that as a federal statute the Boiler Inspection Act preempted any state action including state law based lawsuits affecting the design, construction and materials used in the construction and maintenance of locomotives.  Plaintiff argued that the Boiler Inspection Act applied only to the locomotive itself.  However, Senior Judge Thomas O'Neill sided with Coleman in holding that the Boiler Inspection Act was applicable to all aspects of the locomotive including a locomotive's component parts.  This decision will impact all future asbestos cases involving railroad exposures in the Eastern District.

To view the D'AMICO v. GARLOCK, INC., et al Memorandum & Opinion, please click here