An appellate court has reversed a San Bernardino Superior Court ruling that excluded three expert witnesses from testifying in trial.
The experts were set to testify whether Melvin Garner’s exposure to substances during his four decades as a trainman at BNSF Railway Co. caused his non-Hodgkin’s lymphoma, which ultimately resulted in his death in 2014.
Garner’s son, Gary, sued the railway in San Bernardino Superior Court in 2017. He argued that exposure to diesel exhaust, benzene, rock dust, asbestos fibers and creosote caused the disease. His case relied upon the statements of Dr. Andrew Salmon, Dr. Joseph Landolph and Dr. Robert Gale.
The BNSF argued that
