Alabama High Court Grants Mandamus Petition to Vacate Perpetuation of Asbestos Testimony

MONTGOMERY, Ala. - The Alabama Supreme Court has granted a mandamus petition sought by Norfolk Southern Railway Co. after a trial court granted a petition to perpetuate a company physician's testimony for use in some 44 prospective, unfiled asbestos cases. Ex parte Norfolk Southern Railway Co., No. 1990361 (Ala. Sup. Ct.).

In an Oct. 5 opinion, the state high court ruled that the Rule 27 petition filed in an effort to have the doctor's testimony applied to the subsequent cases was flawed, particularly because the petitioners failed to file an independent action for relief.

The underlying dispute involves 13 asbestos …