$5M Workplace Exposure Award Upheld

Law360, New York (March 18, 2008, 12:00 AM EDT) -- A Tennessee appeals court dealt a blow to a major railroad company Friday, affirming a lower court's decision to award an ailing employee $5 million for illnesses he claimed to have contracted from his workplace exposure to hazardous materials.

The Court of Appeals of Tennessee at Knoxville rejected all of CSX Transportation Inc.'s grounds for appeal, supporting Thurston Hensley's suit under the Federal Employees Liability Act, which alleges that unsafe conditions at the railroad were to blame for his brain and lung diseases.

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