Burn Victim Can't Sue Acid Maker, 3rd Circ. Says

Law360, Washington (June 28, 2011, 4:21 PM EDT) -- The Third Circuit ruled Tuesday that a former employee of paper supplier P.H. Glatfelter Co. who was burned when unloading a railway tank car filled with sulfuric acid cannot sue the company which produced the acid, NorFalco LLC.

A three-judge panel found that David Roth's claims were preempted by the Hazardous Materials Transportation Act.

Roth was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying him across the face and chest, and inflicting severe burns, according to the...
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