DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
213366P.pdf 08/02/2023 Rebecca Lancaster v. BNSF Railway Company
U.S. Court of Appeals Case No: 21-3366
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Kobes, Author, with Shepherd and Stras, Circuit Judges]
Civil case - Federal Employers' Liability Act. Plaintiff alleged her
husband, a BNSF employee, contracted lung cancer from exposure to
asbestos, diesel exhaust, and silica dust at work. The district court
granted BNSF's motion to exclude testimony from a medical expert that the
alleged exposure caused the employee's cancer; without the evidence,
plaintiff could not prove causation, and the district court granted BNSF's
motion for summary judgment. The district court did not abuse its
considerable discretion by determining that the doctor's opinion lacked a
sufficient foundation and that, in turn, his methodology for proving
causation was unreliable.