W.Va. High Court Revives CSX Worker Exposure Suit

Law360, New York (November 15, 2013, 8:34 PM ET) -- West Virginia's highest court on Wednesday reversed a lower court's exclusion of expert testimony from a lawsuit accusing CSX Transportation Inc. of exposing an employee to cancer-causing fumes, saying it improperly looked beyond methodology to the experts' scientific conclusions.

Onetime CSX employee Ronald Harris had claimed the company violated the Federal Employers' Liability Act and Locomotive Inspection Act by exposing him to diesel exhaust fumes that caused him to develop multiple myeloma, a plasma cell cancer. Harris' wife, Deborah, took over as plaintiff after he died...
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