A 2009 trial court decision to dismiss a widow’s asbestos suit was reversed and remanded in appeals court on May 16, reviving Mrs. Dolores Blackmon’s claim that the Illinois Central Railroad Co. is responsible for her husband’s fatal mesothelioma. Mr. Dolphus Blackmon, who was an employee of the Illinois Central Railroad Co. for more than forty years, was regularly exposed to toxic substances, such as diesel exhaust and asbestos, in his role as a machinist.
The trial court’s decision to bar Mrs. Blackmon’s suit was based on the fact that Mr. Blackmon had previously sued Illinois Central in a Federal Employers’ Liability Act lawsuit in 2002, at which time there was a settlement and Mr. Blackmon was paid $28,000. Mrs. Blackmon then appealed the trial court’s decision.
The appeals court ruled that the settlement in 2002 did not cover Mr. Blackmon’s mesothelioma, as that lawsuit was associated with asbestosis, a different respiratory illness that develops from asbestos exposure.
“The release executed by Mr. Blackmon appears to be a standard waiver of liability, with nothing to indicate that the parties understood, let alone addressed or discussed, the scope of the claims being waived,” the appeals court opined.