A Mississippi court has found the Illinois Central Railroad Company liable for the death of one of its former employees who died from mesothelioma, an aggressive form of lung cancer.
Free Confidential Railroad Cancer Lawsuit Evaluation: If you are a current or former railroad employee who got cancer, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.
What’s the Problem?
January 12, 2017 – The lawsuit was filed by Clara Hagan, the daughter of a deceased railroad worker named Bennie Oakes. The jury that originally heard the case determined that Mr. Oakes had incurred $250,000 in damages, but that he was 80% responsible for the development of his mesothelioma – thus the Illinois Central Railroad Company was only responsible for 20%, or $50,000.
Following the verdict, the railroad company investigated and found that Oakes had received more than $74,000 from asbestos trusts from other companies, and as a result they moved for a setoff of the $50,000 award. The court denied the motion, indicating that Oakes’ family was now owed the $50,000 plus 8% interest.
The company then appealed the denial, but the appeals court again confirmed the award, stating that existing laws do “not allow for a defendant to avoid payment of damages based on compensation to the plaintiff from a third party that was not a party to the action.”
Asbestos was used in the manufacturing of train and locomotive components until the 1970s. Even though OSHA severely restricted asbestos use in construction materials, railroads continued using it extensively, and in many cases railroad companies were aware of the health risks and failed to warn employees. Exposure to asbestos is still a significant risk among railroad workers if their companies continue to use components that were manufactured before the 1980s.
Do I have a Railroad Cancer Lawsuit?
The Workplace & Environmental Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in railroad cancer lawsuits. We are handling individual litigation nationwide and currently accepting new mesothelioma cases in all 50 states.
Free Case Evaluation: Again, if you got cancer while working a railroad job, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.