Ill. Supreme Court Sends Take-Home Exposure Case Back to Madison County

SPRINGFIELD, Ill. - The Illinois Supreme Court has ruled that a plaintiff in a take-home asbestos case failed to establish that defendant CSX Transportation owed a duty of care to individuals other than their own employees, but nevertheless affirmed an appellate decision reinstating the case after it was dismissed by the trial court with prejudice. Simpkins v. CSX Transportation Inc., No. 110662 (Ill. Sup. Ct.).

In its March 22 ruling, the high court remanded the case to Madison County Circuit Court with instructions that the plaintiff be permitted to amend her complaint to include allegations specific enough to determine whether …