Court: Prior Settlement Agreement Precludes Claims, Affirms Summary Judgment for CSX

CHARLESTON, W.Va. -- A West Virginia appellate court has affirmed a summary judgment award entered in favor of CSX Transportation, finding that a prior settlement discharged any future asbestos-related claims against the company. Gillon v. CSX Transportation Inc, No. 11-0498 (W.Va. Sup. Ct. App.).

In the Oct. 11 opinion, the West Virginia Supreme Court of Appeals said that the plaintiff was, or should have been, aware that when he signed the settlement agreement, he was releasing any future claim associated with the risk of cancer development.

Jimmie Gillon filed his claims under the Federal Employers' Liability Act, contending that he …