David J. Schmitt

Dave Schmitt obtained summary judgment in two separate toxic tort lawsuits filed against the railroads he represented. In both cases the plaintiffs claimed they suffered cancer as a result of alleged exposures to diesel exhaust and environmental hazards during their railroad employment. Schmitt secured the plaintiffs’ medical records, employment records, and deposition testimony to offer in support of motions for summary judgment. The United States District Court for the District of Nebraska granted the motions and held both lawsuits were time-barred by the three-year statute of limitations under the Federal Employers’ Liability Act, 45 U.S.C. §§ 56. It therefore granted summary judgment for the railroads and dismissed plaintiffs’ lawsuits.