Tenn. Court Reverses Judgment for Railroad Defendant in Meso Case, Says Previous Asbestosis Settlement Contained ‘Boilerplate’ Language

JACKSON, Tenn. –– A Tennessee appellate court has reversed an award of summary judgment entered in favor of Illinois Central Railroad, finding that a prior settlement agreement reached between the defendant and an asbestosis plaintiff contained “boilerplate” language that did not sufficiently establish that the plaintiff was aware he could develop mesothelioma in the future.

In the May 16 opinion, the Tennessee Court of Appeals opined that the only piece of evidence proffered by the defendant in support of its position was the settlement release, which erroneously “buried” the terms “asbestos” and “mesothelioma” in a “laundry list of other conditions …