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BNSF Can’t Beat Toxic Exposure Suit by Worker’s Husband

April 22, 2019, 8:22 PM

BNSF Railway Co. failed to shake off toxic exposure claims by a former employee’s husband who falsely asserted when he filed suit that he was appointed personal representative.

Dale Bettisworth’s failure to obtain appointment isn’t fatal to his Federal Employers’ Liability Act claim, the U.S. District Court for the District of Nebraska said April 19.

The FELA provides that in cases of an employee’s death caused by a railroad’s negligence, the railroad is liable to the employee’s personal representative for the benefit of the surviving spouse.

But under the Federal Rules of Civil Procedure, courts can’t dismiss for failure to...

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