Union Pacific Dodges California Railroad Worker’s Liability Suit

Union Pacific Railroad Co. escaped a former employee’s claims that his exposure to various toxic chemicals while working as a trackman contributed to his esophageal cancer, a state appeals court in California said.

Rodney Romo sued the company in 2018 under the Federal Employers’ Liability Act, alleging that throughout his career on the tracks he was exposed to diesel fuel, benzene, creosote, and other substances that led to his disease.

When Union Pacific moved for summary judgment based on the expert testimony of an industrial hygienist, Romo’s opposing expert declarations were filed late. The Los Angeles Superior Court found them ...