N.C. Rail Worker with Asbestosis Waited Too Long to File Claim

RALEIGH, N.C. - A rail worker who experienced breathing difficulties for years before being diagnosed with asbestosis cannot bring a FELA claim against his employer because he waited too long to file his complaint, the North Carolina Court of Appeals has ruled. Vincent v. CSX Transportation, Inc., No. COA00-965 (N.C. App.).

Affirming the Wilson County Superior Court's award of summary judgment to CSX Transportation, Inc., the appeals court said that it was only after Robert L. Vincent contacted his attorney and was diagnosed with asbestosis that he filed his lawsuit.

Though, Vincent was well aware years earlier that his …