The wife of a long-time BNSF employee alleged that her stomach cancer was caused by years of cleaning chemicals off her husband’s work clothes. He and other workers used creosote in making railroad ties and they testified that they often went home caked in the chemical. The plaintiffs apparently presented evidence linking creosote to the wife’s cancer but it wasn’t enough to overcome the defense that she had a pack-a-day cigarette habit.
Tough case, particularly in Tarrant County, home of BNSF. Hats off to the plaintiffs’ attorneys for teeing it up, though.