Delores Blackmon, et al. v. Illinois Central Railroad Company, et al.

Delores Blackmon, et al. v. Illinois Central Railroad Company, et al.
W2013-01605-COA-R3-CV

Plaintiff filed this lawsuit pursuant to the Federal Employers’ Liability Act, alleging that her husband was exposed to toxic substances, including asbestos and other chemicals, during his employment with the defendant railroad and that such exposure led to his death from mesothelioma. The railroad filed a motion for summary judgment, arguing that the deceased employee had executed a release, when he settled previous litigation with the railroad, which served to bar the current litigation. The trial court granted the railroad’s motion for summary judgment based on the release. We reverse and remand for further proceedings.

Authoring Judge: 
Presiding Judge Alan E. Highers
Originating Judge: 
Judge Roy B. Morgan, Jr.
Date Filed: 
Friday, May 16, 2014