A Lackawanna County judge declined to dismiss a railroad employer from a lawsuit in which six former workers were suing the company for alleged negligent exposure to coal dust, ruling that the employer failed to raise, as an affirmative defense in a new matter, a waiver issue that otherwise could have insulated it from liability.
The judge, however, dismissed the defendant shortly thereafter, ruling from the bench at a Frye hearing last week, according to the plaintiffs’ attorney, Gerard J. Martillotti.
