Justice Sherry Klein Heitler
Defendants were the successors-in-interest to Ruff’s then-employers and moved for summary judgment dismissing the complaint against them. They argued Ruff did not show they were responsible for his asbestos-related injuries under the Federal Employers’ Liability Act. Ruff argued he was exposed to asbestos during his employment on a daily basis over a 30 year period. Ruff’s expert noted the railroad industry trade group, Association of American Railroads, discussed the dangers of occupational asbestos exposure, which were known in the railroad industry as early as the 1930s, at their annual meetings. He noted defendants’ predecessors were members of the group and attended the meetings. Another of Ruff’s experts opined that his exposure to asbestos while employed as a mechanic without any mask, respirator or other protective equipment being provided, was a substantial contributing factor to his lung cancer. The court noted, taken together, this evidence suggested defendants knew asbestos presented significant dangers to Ruff’s health, but failed to warn him, raising the issue of whether the exposure was a substantial cause of his injuries. Thus, dismissal was denied.
