The Supreme Court ruled yesterday in the case of Thurston Hensley, a railroad worker from Tennessee who was awarded $5 million by a jury after being exposed to asbestos on the job. The Supreme Court has ruled that the worker is not entitled to his $5 million payout from CSX Corp.

Hensley sued CSX for damages after being exposed to asbestos, based on his fears of developing an asbestos-related cancer in the future. Asbestos is linked to lung cancer and mesothelioma, among other diseases.

CSX appealed the decision reached in the lower courts because they felt that the instructions given to the jury were skewed to support Hensley. CSX argued that the jurors ought to have been instructed that Hensley had the burden of proof, and it was Hensley’s responsibility to prove his fears of developing an asbestos-related cancer were genuine.

The Supreme Court ruled 7-2 in favor of CSX, and stated that the judge in the previous trial clearly made errors when giving the jurors their instructions. In the court’s opinion, the justices wrote “Although plaintiffs can seek fear-of-cancer damages in some … cases, they must satisfy a high standard in order to obtain them.”

Asbestos was once commonly used in many applications throughout the country, including automotive brake pads, floor and ceiling tiles, insulation, fireproofing, and many other items. Asbestos is now highly controlled, and is no longer used in new construction unless the materials contain less than one percent asbestos. However, asbestos is still present throughout the country in older buildings, where it is considered safe as long as it is not disturbed.

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