A Tennessee trial court should have instructed a jury to consider whether an electrician's fear of cancer was "genuine and serious" before it issued his award in a Federal Employers' Liability Act Case, the U.S. Supreme Court concluded.Case: CSX Transportation Inc. v. Thurston Hensley, No. 08-1034, 6/1/09.Facts:Thurston Hensley worked for CSX Transportation as an electrician. He filed a Federal Employers' Liability Act (FELA) suit against the railroad company alleging that it negligently caused his asbestosis, and sought pain and suffering damages.Some of the damages Hensley sought...
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