Judge rules in favor of BNSF in lawsuit filed by widow of railway worker

The Texas widow of a railroad worker who died of cancer has lost her lawsuit against Burlington Northern Santa Fe Railroad.

Paulette Jenkins had filed suit claiming the railway had not properly protected him from various toxic substances and carcinogens, resulting in the cancer that caused his death.

The suit contended his “cancer and related diseases are the result of the negligence of the Defendant railroad” where Jenkins had worked during his career as a carman, fireman, engineer and train master.

But Texas U.S. District Judge John McBryde didn’t see it that way and this week, granted a summary judgment to BNSF to dismiss the case. He said Jenkins failed to provide “factual specificity” and “appears to have consciously taken steps to avoid doing so.”

 

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