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BLACKMON v. ILLINOIS CENTRAL RAILROAD COMPANY

No. W2013-01605-COA-R3-CV.

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 Company, and Illinois Central Gulf Railroad Company, ET AL.

Court of Appeals of Tennessee, at Jackson.

Filed May 16, 2014.

Attorney(s) appearing for the Case

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

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

ALAN E. HIGHERS, P.J., W.S., delivered the opinion of the Court, in which DAVID R. FARMER, J., and HOLLY M. KIRBY, J., joined.

OPINION

ALAN E. HIGHERS, P.J.

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...

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