The plaintiff, the Estate of Gregorio Sanchez Valdez, alleged occupational exposure to asbestos and diesel fumes while working as a machinist for defendant BNSF Railway Company from 1996 until 2016. Valdez was diagnosed with laryngeal cancer in 2014. BNSF moved for summary judgment on three grounds, of which the court denied all three.
First, BNSF argued that Valdez failed to serve BNSF with process within the three-year statute of limitations under the Federal Employers’ Liability Act. The court observed that the crux of this argument …Continue Reading