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Tennessee Railroad Worker Asbestos Multi-Million Award Overturned

2009-06-02 22:40:22 (GMT) (mesotheliomacancernews.com - Featured, Mesothelioma News)

The five million dollar award for a Tennessee railraod worker allegedly exposed to asbestos has been overturned.


The Supreme Court overturned a ruling, which awarded five million dollars to a railroad worker for asbestos exposure fears.

Mesothelioma Cancer News (Tennessee) – The United States Supreme Court overturned a decision to award a railroad worker $5 million for alleged asbestos exposure. As reported by UPI, the court decided 7-2 that Thurston Hensley, who sued CSX Corp. alleging he feared developing cancer from the exposure, was not entitled to the large sum due to an error in instruction to the jury by a trial judge. The lower court reportedly denied requests by the railroad’s attorneys to instruct the jury to weigh the validity of Hensley’s cancer fears and seriousness.

The High Court is quoted as writing in their opinion, “Although plaintiffs can seek fear-of-cancer damages in some … cases, they must satisfy a high standard in order to obtain them.”

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