UPDATE: US Supreme Court Rules For CSX In Worker Injury Case
01 Giugno 2009 - 5:37PM
Dow Jones News
The U.S. Supreme Court on Monday threw out a $5 million jury
verdict awarded to a former CSX Transportation Inc. (CSX) railroad
worker who alleged that he had been negligently exposed to toxic
chemicals and asbestos on the job, which caused him to develop
brain injuries and asbestosis, a lung disease.
Among other things, Tennessee railroad worker Thurston Hensley
sought monetary damages for a fear of developing cancer in the
future.
CSX argued that the instructions given to the jury were too
friendly to Thurston. The company wanted jurors to be instructed
that Thurston needed to demonstrate that his fear of cancer was
genuine and serious.
The Supreme Court, in an unsigned opinion, ruled 7-2 that it was
a "clear error" for the trial judge not to give the jury the
instructions CSX requested.
"Although plaintiffs can seek fear-of-cancer damages in some ...
cases, they must satisfy a high standard in order to obtain them,"
the court's majority said.
In dissent, Justice John Paul Stevens said, "As a practical
matter, it is hard to believe the jury would have awarded any
damages for Hensley's fear of cancer if it did not believe that
fear to be genuine and serious."
The Supreme Court decided the case without requesting a full
legal briefing or hearing oral arguments, a sign that a majority of
the justices believed the lower court ruling was clearly wrong.
The high court sent the case back for new court proceedings.
CSX did not immediately respond to a request for comment.
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com