Finding of 'Something' on Rail Worker's Lung Did Not Run Statute, Court Says
May 21, 2004
MONTGOMERY, Ala. - A FELA plaintiff who was informed by his doctor more than three years before filing a lawsuit that he had 'something' on his lungs did not have a duty to further investigate whether his injury, later diagnosed as asbestosis, was work-related, a state appeals court has ruled. Campbell v. CSX Transportation, Inc., No. 2030005 (Ala. Ct. App.).
Reversing a trial court's award of summary judgment to defendant CSX Transportation, the Alabama Court of Civil Appeals ruled May 14 that at the time his doctor identified the problem in his lungs, Haden Campbell had no reason to suspect …
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