US Supreme Court Rules For CSX In Worker Injury Case
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The U.S. Supreme Court on Monday threw out a $5 million jury verdict awarded to a former CSX Transportation Inc. (CSX) railroad worker who alleged that he had been negligently exposed to toxic chemicals and asbestos on the job, which caused him to develop brain injuries and asbestosis, a lung disease.
Among other things, Tennessee railroad worker Thurston Hensley sought monetary damages for a fear of developing cancer in the future.
CSX argued that the instructions given to the jury were too friendly to Thurston. The company wanted jurors to be instructed that Thurston needed to demonstrate that his fear of cancer was genuine and serious.
The Supreme Court, in an unsigned opinion, said it was a "clear error" for the trial judge not to give the jury instructions CSX requested.
The high court sent the case back for new court proceedings.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.