Rail Workers' Dust Claims Distinguishable from Mangialardi, Court Holds

JACKSON, Miss. - The Mississippi Supreme Court has upheld a trial court decision denying a defense motion to dismiss the claims of several rail workers who were exposed to asbestos and silica, but who allegedly failed to plead their amended claims with particularity. Illinois Central Railroad Co. v. Easterwood, et al., No. 2005-M-02339-SCT (Miss. Sup. Ct.).

In a three-page order issued Feb. 3, the state high court refused the defendants' attempt to have the cases dismissed under Harold's Auto Parts v. Mangialardi, implying that the requirements of that decision don't necessarily apply to multi-plaintiff cases where only one defendant is …