Asbestos, Mesothelioma, CSX & Phillips: A case in the United States District Court, N.D. West Virginia ruled on a motion to dismiss.
The Asbestos, Mesothelioma, CSX & Phillips case is about a former CSX Transportation worker that settled a previous claim with CSX but is now faced with a Declaratory Judgment filed by CSX related to an asbestos related lung cancer claim (diagnosed in 2013).
A brief summary of the Asbestos, Mesothelioma, CSX & Phillips case includes:
- The plaintiff in this civil action, CSX Transportation, Inc. asserts a claim for declaratory relief.
- In 2001, the defendant, Robert L. Phillips filed an action against CSX for asbestos-related injury, which ultimately settled in 2003.
- In September 2015, Phillips filed a second civil action in state court for compensatory damages due to lung cancer, which he claims is asbestos related.
- Under the 2003 settlement agreement, however, Phillips allegedly released CSX for future claims involving cancer, asbestos, and other medical issues.
- In particular, the release stated that Phillips released CSX from “all liability for all claims or actions for all known and unknown . . . diseases and/or injuries including . . . all forms of cancer . . . arising in any manner whatsoever, either directly or indirectly, in whole or in part, out of exposure to any and all toxic substances, including asbestos[.]”
- The settlement agreement also states that Phillips released CSX from all claims which “might form the basis of any action under the Federal Employers’ Liability Act (FELA)
- The Court ruled: motion to dismiss is GRANTED
- For more on the case, please follow this link: 1:15CV-192 – December 29, 2015.
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