Asbestos-Related Fear of Cancer Claim Must Be Supported by Objective Manifestation, 11th Circuit Rules

ATLANTA - A federal court that dismissed fear of cancer claims by workers who were exposed to asbestos is not required to retry the issue and others absent objective evidence that the plaintiffs are actually suffering from emotional distress, a federal appeals court has held. Jones, et al. v. CSX Transportation, No. 01-14786 (11th Cir.).

In a decision rendered April 11, the Eleventh Circuit U.S. Court of Appeals upheld a Southern District of Georgia decision awarding CSX Transportation partial summary judgment on claims filed against the company by two rail workers who claimed they suffered emotional distress resulting from fear …