BNSF Railway won dismissal of a railroad worker’s claim that his occupational exposure to hazardous chemicals caused his bladder cancer.
The exclusion of Roddy York’s expert witness made it impossible for him to link his workplace exposure to diesel exhaust and asbestos to his illness, the U.S. District Court for the District of Colorado said Feb. 21.
The proposed testimony of York’s expert witness, Dr. E. Roy Berger, was inadmissible because he “did not employ any methodology,” the court said.
The work Dr. Berger performed—reading a list of available literature and concluding that York developed bladder cancer based on information ...
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