DELORES BLACKMON, Individually and as surviving spouse and personal representative of DOLPHUS H. BLACKMON v. ILLINOIS CENTRAL RAILROAD COMPANY, Individually and successor-in-interest to Gulf, Mobile & Ohio Railroad Co., & Illinois Central Gulf Railroad - Articles

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DELORES BLACKMON, Individually and as surviving spouse and personal representative of DOLPHUS H. BLACKMON v. ILLINOIS CENTRAL RAILROAD COMPANY, Individually and successor-in-interest to Gulf, Mobile & Ohio Railroad Co., & Illinois Central Gulf Railroad

Posted by: Tanja Trezise on May 16, 2014

Court: TN Court of Appeals

Attorneys 1:

Jimmy F. Rodgers, Jr., Chattanooga, Tennessee; John E. (“Rett”) Guerry, III, Mt. Pleasant, South Carolina; Joe H. Byrd, Jr., Jackson, Tennessee, for the appellants, Delores Blackmon, Individually and as surviving spouse and personal representative of Dolphus H. Blackmon.

Attorneys 2:

Thomas R. Peters, Michael C. Hermann, Belleville, Illinois; Brooks E. Kostakis, Memphis, Tennessee, for the appellee, Illinois Central Railroad Company.

Judge(s): HIGHERS

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.

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