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
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