Appeals Court Upholds Verdict Following Rail Workers' Revised Diagnosis, Fear of Cancer Claim

AUSTIN, Texas - A Texas trial court judge acted within her discretion when she allowed evidence into the record indicating that a former rail worker's impairment from asbestosis had progressed from non-existent to mild between the time he filed his complaint and when the case finally made it to trial. Norfolk Southern Railway Co. v. James Allen Bailey, No. 03-02-00097 (Texas App. Ct., 3rd Dist.).

The ruling came as part of an Oct. 24 decision by the Third District Texas Court of Appeals affirming a $500,000 verdict awarded to James Allen Bailey after his former employer, Norfolk Southern Railway Co., …