North Carolina Mesothelioma Lawyer and Legal Information

In 2004, one of the largest settlements in the nation was a FELA asbestos suit against CSX Transportation in North Carolina. Raymond Williams worked for CSX, a railroad, for 38 years. In 2002, he was diagnosed with mesothelioma as result of working with asbestos-containing products in the course of his employment. Because railroad workers are not covered under workers' compensation, his only recourse for compensation of his injuries was to file a suit for compensation against his employer under the Federal Employee Liability Act (FELA).

Under the provisions of FELA, the plaintiff is required to prove negligence on the part of the employer in order to receive any compensation. The jury awarded Williams $7.5 million in damages. The court's decision was upheld by the North Carolina Court of Appeals in March 2006.

Determination of Liability

North Carolina follows a contributory negligence system in deciding whether compensation should be awarded in a personal injury lawsuit. Under a contributory negligence system, a plaintiff may only collect damages if they are found to be completely blameless in their own injury. If a jury determines that the plaintiff carries any fault at all in their own injury, there are no damages. If the jury determines that there is no fault attributed to the plaintiff, then the entire amount of damages is awarded.

In cases where there are multiple defendants, North Carolina uses a joint and several liability system in apportioning damages in personal injury cases. Under joint and several liability, every defendant found to be at fault in a judgment is jointly liable for the entire amount of the judgment.

If the case is a FELA case against an employer, the law calls for a pure comparative liability system under which the plaintiff can collect even if they are partly at fault in their own injury. Under FELA, if there is any fault at all attributable to the defendants, the plaintiff can recover damages.

North Carolina also limits punitive damages, which may be awarded at the jury's discretion in cases where the defendant has been found liable for compensatory damages and there is fraud, malice or willful misconduct involved. The cap is three times compensatory damages, or $250,000, whichever is less.

North Carolina Asbestos Litigation

Below are two examples of asbestos-related cases in North Carolina:

2004 - Williams v. CSX Transportation: Raymond Williams worked for CSX Transportation for nearly 40 years. His suit alleged that CSX negligently exposed him to asbestos throughout his career and as a result, he developed mesothelioma. The suit was brought under FELA, which specifically allows railroad workers to sue employers for damages for occupational injuries and Williams received $7.5 million.

1996 - Elmore v. Owens-Corning Fiberglas et al: Filed on behalf of the estate of Cleo Elmore and his wife, Thelma Elmore, the lawsuit alleged that exposure to various asbestos-containing products during Mr. Elmore's tenure in the U.S. Navy caused the development of mesothelioma which resulted in his death. One of the defendants in the case was Owens-Corning Fiberglas, makers of Kaylo, an asbestos-containing pipe covering. Owens-Corning Fiberglas appealed the original jury's verdict for the plaintiff, claiming that $2.8 million was an excessive amount in damages. The plaintiff was awarded $2.8 million.

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