Kindred v. Burlington Northern Railroad Co.

In July 1995, Lamar Kindred was diagnosed with asbestosis, an inflammation of the lungs caused by the inhalation of asbestos particles. In September 1995, he sued Burlington Northern Railroad Company under the Federal Employer's Liability Act, 45 U.S.C. § 51 et seq. ("FELA"). The plaintiff alleged that he was suffering from asbestosis because of his exposure to asbestos in the line and scope of his employment with St. Louis-San Francisco Railway Company, a predecessor to the defendant Burlington Northern Railroad Company (BN). The Jefferson Circuit Court entered a summary judgment in favor of…