WASHINGTON, June 1 (UPI) -- A Tennessee railroad worker isn't entitled to $5 million awarded him by a jury for allegedly being exposed to asbestos, the U.S. Supreme Court says.
The High Court ruled Monday against Thurston Hensley, who had sued CSX Corp. for monetary damages based in part on his fear of developing cancer in the future, The Wall Street Journal reported.
The railroad contended that the jury instructions in Hensley's case were too friendly to him. They arguing that they wanted the jurors to be instructed that it was Hensley's responsibility to show his cancer fears were genuine and serious but that was denied by the lower court, the Journal said.
In a 7-2 ruling, the Supreme Court sided with CSX, saying the trial judge clearly erred in delivering the jury instructions.
"Although plaintiffs can seek fear-of-cancer damages in some … cases, they must satisfy a high standard in order to obtain them," the court's opinion stated.
