Tuesday, May 31, 2022

Court Addresses Statute of Limitations Under Federal Employers' Liability Act

In the case of Loomis v. Delaware and Hudson Railway Co., Inc., No. 17-CV-5421 (C.P. Lacka. Co. May 12, 2022 Nealon, J.), the court denied a Defendant’s Motion for Summary Judgment based, in part, on the three (3) year statute of limitations under the Federal Employers’ Liability Act (“FELA”).

In this matter, the Plaintiff filed suit under the Federal Employers’ Liability Act alleging that her husband contracted cancer and later died from continuous exposure to toxic substances during his railroad employment and due to the railroad employer’s failure to provide a reasonably safe work environment.

According to the record before the court, the decedent was first diagnosed with cancer in 2007 and later died in 2014.

In response to the Defendant’s Motion for Summary Judgment on the statute of limitations issues, the court found that neither the decedent nor his widow was ever advised by any healthcare professional, railroad representative, or any other person that the cancer was possibly related to the decedent’s railroad work or his exposure to toxic substances. Rather, the evidence indicated that a potential causal connection between the decedent’s cancer and his job was first mentioned to the widow by a co-worker of the decedent in the same year that she commenced a lawsuit.

Anyone wishing to review a copy of this decision may click this LINK.

Source of image:  Photo by Tom Barrett on www.unsplash.com.

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