E-Alert Item: U.S. Supreme Court To Consider Whether Employees’ Fear Of Asbestosis Creates Claim For Damages

The nation’s high court has heard arguments in a case that questions whether railroad employees with the lung disease asbestosis can sue their employer for damages based on a fear of developing cancer from exposure to asbestos—even if the employees don’t have cancer or any symptoms of it. The lawsuit was brought by six retired railroad workers of Norfolk & Western Railway Co. who claim the company failed to provide them with a safe workplace because they were exposed to asbestos. A jury awarded the workers $5.8 million in damages, which included damages for emotional distress stemming from the fear of developing cancer in the future. Individuals with asbestosis are at greater risk of developing cancer. Now Norfolk Southern is challenging the multimillion-dollar award, arguing that the Federal Employers Liability Act, which governs the workers’ lawsuit, doesn’t permit such damages. We’ll keep you posted.