ATRA WELCOMES SUPREME COURT RULING IN CSX TRANSPORTATION, INC. V. HENSLEY

Group's Brief Urged High Court To Throw out $5 Million Verdict

Washington, DC, June 01, 2009 -- As the U.S. Supreme Court today ruled that a Tennessee trial judge had failed to instruct the jury properly in a case of alleged worker injury, American Tort Reform Association president Tiger Joyce noted that his group had filed an amicus brief in the case and is pleased with the high court’s decision.

“A 2003 high court decision also involving the Federal Employees Liability Act made clear that a plaintiff suffering asbestosis may ‘seek compensation for fear of cancer as an element of his asbestosis-related pain and suffering damages’ if the plaintiff ‘prove[s] that his alleged fear is genuine and serious,’” explained Joyce, citing Norfolk & W. Ry. Co., v. Ayers, 538 U.S. 135 (2003).

The Supreme Court characterized that “genuine and serious” requirement as “important” in limiting a flood of cases that could swamp the courts, delay recoveries for claimants with serious conditions, bankrupt defendants, and jeopardize recoveries for cancer victims. The court said the standard also reduces the possibility of fraudulent claims.

“In Hensley, the Tennessee Court of Appeals held that a defendant has no right to a ‘genuine and serious fear’ jury instruction when the plaintiff seeks additional damages for fear of cancer in the future. But in summarily reversing the appellate court and remanding the case for further proceedings, the U.S. Supreme Court made clear that the trial court should have given the appropriate jury instructions as requested by the defendants," Joyce concluded.

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The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.