Court Allows Suits Over Fear of Cancer
Workers Had Asbestos-Related Illness
The Supreme Court ruled yesterday that six railroad workers can recover damages from their employer because they feared they would succumb to cancer after they developed another asbestos-related lung disease on the job. The decision reaffirms employee rights to sue at a time of intense business efforts to limit asbestos litigation.
The court held 5 to 4 that a federal law governing employee suits against railroads permits workers to seek damages when their fear stems not from the mere fact that they have been exposed to asbestos, but from their having contracted asbestosis, which is associated with higher risk of a virulent form of lung cancer known as mesothelioma.