Tuesday, June 10, 2014

Asbestos claim of widow restarted after the decision of the Court of appeal

Rick Kornak provides sharp news and interesting articles for the Mesothelioma Cancer Alliance. Bio.

Rick Kornak

May 23, 2014

Jackson, Tennessee - a 2009 decision of Court of first instance to reject the asbestos widow combination was reversed and sent back in the Court of appeal may 16, reconnecting with the claim of Ms. Dolores Blackmon that the Illinois Central Railroad Co. is responsible for fatal mesothelioma of her husband. Mr. Dolphus Blackmon, who was an employee of the Illinois Central Railroad Co. for more than forty years, has been regularly exposed to toxic substances, such as the exhaust from diesel engines and asbestos, as a machinist.

Decision of the Court of first instance to enjoin prosecution of Ms. Blackmon was based on the fact that Mr. Blackmon had already sued Illinois Central in pursuit of a Federal Employers' Liability Act in 2002, date at which there was a settlement and Mr. Blackmon was paid $28,000. Ms. Blackmon then appealed the trial court's decision.

The Court of Appeal held that the regulation in 2002 did not cover mesothelioma of Mr. Blackmon, that this trial has been associated with asbestosis, a very different respiratory disease that develops from exposure to asbestos.

«The receipt signed by Mr. Blackmon seems to be a standard waiver of liability, there is evidence that the parties understood, much less addressed or discussed, the scope of the claims being rejected, considered the Court of appeal.

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Asbestos claim of widow restarted after the decision of the Court of appeal

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