A Mississippi court has ruled against the Central Illinois Railroad Company in favor of the estate of one of its former employees who died from mesothelioma.
Free Confidential Lawsuit Evaluation: If you are a current or former railroad worker 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 – Plaintiff Clara Hagan filed the lawsuit on behalf of her father Bennie Oakes, a former Central Illinois Railroad Company employee who died from mesothelioma. The jury found that Oakes had incurred $250,000 in damages, but also that he was 80% responsible for the development of his own cancer, so the railroad company was only liable for 20%, or $50,000.
The company later requested a setoff of the award, after learning that Oakes had received nearly $75,000 from asbestos trusts from other companies. That request was denied, with the court sustaining the $50,000 award in addition to 8% interest.
Central Illinois Railroad appealed the ruling, but was struck down again by the court, who said that 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.”
From 1990 to 1999, railroad jobs were the fourth most frequently listed industry on the death certificates of people over the age of 15 who died from asbestosis. Studies have shown that patients with asbestosis have a greater risk of developing malignant mesothelioma cancer. The large number of deaths in railroad workers from asbestosis is not surprising given the fact that the railroad industry has routinely utilized asbestos products for heat shielding and insulation.
Do I Have a Railroad Cancer Lawsuit?
The Class Action 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 asbestos mesothelioma cases in all 50 states.
Free Case Evaluation: Again, if you were diagnosed with cancer after working a railroad job, you should contact our law firm immediately. You may be entitled to a settlement by filing a class action suit and we can help.