Court Won't Extend Discovery Rule 30 Years for Asbestos Death

MONTGOMERY, Ala. - The discovery rule does not extend to the representatives of deceased railroad workers who bring lawsuits for wrongful death or personal injury under the Federal Employers' Liability Act for a decedent's alleged exposure to asbestos, the Alabama Supreme Court has held. Greene, et al. v. CSX Transportation, Inc., No. 1010357 (Ala. Sup. Ct.).

In an Aug. 30 opinion, the state's High Court affirmed summary judgment to CSX Transportation, Inc., which was sued under FELA for the alleged asbestos exposure and death of a former rail employee nearly three decades ago.

Charles Parker worked for CSX from 1947 …