Kovach v. Wheeling & Lake Erie Ry. Co., No.
3:18-CV-02826-JGC, 2021 WL 3774900 (N.D. Ohio Aug. 25, 2021)
encourages defense attorneys to challenge experts with tactics
other than Daubert, as the court avoided excluding
plaintiff's causation expert.
Mr. Kovach worked at the Wheeling and Lake Erie Railway Company
("Wheeling") for twenty-five years. While at Wheeling,
Mr. Kovach was exposed to various substances including daily
contact with diesel fuel. Just two years after his retirement, Mr.
Kovach was diagnosed with non-Hodgkin's lymphoma; he died
shortly thereafter.
Mr. Kovach's widow brought the action, alleging that
Wheeling negligently exposed Mr. Kovach to toxic substances which
caused his cancer. Wheeling moved to exclude plaintiff's
causation expert, Dr. Arthur Frank. Dr. Frank opined that Mr.
Kovach's exposure to diesel fuel, kerosene, exhaust,
pesticides, and herbicides significantly contributed to Mr. Kovach
developing cancer.
