Railroad Worker’s Asbestos Exposure Claims To Stay in Illinois; Mississippi Transfer Nixed

Jan. 11, 2012, 9:48 PM UTC

A railroad’s attempt to transfer a suit by a former worker exposed to asbestos and other toxic substances to Mississippi failed, an Illinois court of appeals held Jan. 3 (Fennell v. Illinois Central Railroad Co.).

In a 2-1 decision, Justice Melissa A. Chapman wrote that the trial court did not abuse its discretion when it denied the defendant’s motion to dismiss the case from the Illinois courts.

Walter Fennell alleges he suffers from respiratory ailments due to exposure to “asbestos, diesel exhaust, sand, environmental tobacco smoke, and toxic dusts, fumes, and gases” during his 37 years with the ...

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