03/26/2008 - National Legal News

The Tennessee Court of Appeals has upheld a $5 million jury verdict awarded to a former railroad worker who claims he suffers from an asbestos-related disease.

Last month, the Tennessee Court of Appeals ruled in favor of Thurston Hensley, who earlier won a $5 million verdict against CSX Transportation. In his lawsuit, Hensley says that he developed asbestosis and encephalopathy while working as an electrician for the company.

CSX appealed the verdict to the Tennessee Court of Appeals. The company claims that Hensley filed his lawsuit after the statute of limitations had expired and that his attorney made an “inflammatory” closing argument during the trial.

The appeals court rejected CSX’s arguments and ordered that the company pay Hensley the full amount he was awarded.