Legal Opinion · Dissent
Ill. Cent. R.R. Co. v. Oakes
Court of Appeals of Mississippi
Decided December 13, 2016No. 2015–CA–00644–COAPublished
1Dissent
WILSON, J., DISSENTING:
*863¶ 14. The jury in this Federal Employers' Liability Act (FELA) case awarded the plaintiff (Hagan) damages for injuries that her decedent (Oakes) suffered as a result of his exposures to asbestos while he was employed by Illinois Central. The sole issue in this appeal is whether the judgment against Illinois Central should be offset (i.e., reduced) based on settlement payments that Hagan or Oakes previously received from the bankruptcy trusts of the manufacturers of the asbestos to which Oakes was exposed. The majority rule on this issue of federal law is that Illinois…
2Cases cited6 opinions
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Norfolk & Western Railway Co. v. AyersSupreme Court of the United States · 2003
- D & W JONES, INC. v. CollierMississippi Supreme Court · 1979
- Douglas Schadel and Inez Schadel v. Iowa Interstate Railroad, Ltd.Court of Appeals for the Seventh Circuit · 2004
- Hess v. Norfolk Southern Railway Co.Ohio Supreme Court · 2005
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