Campbell v. CSX Transportation, Inc.

In Ex parte Wilkerson, 795 So.2d 663 (Ala.2000), the Alabama Supreme Court reversed this court’s affirmance of a summary judgment on an employee’s FELA claim. In that case, the employee was notified in 1984 and 1985 that he had “‘some rounded and irregular opacities laterally in the mid and lower lung zones’” and several symptoms “‘expected in early pulmonary asbestosis,’” 795 So.2d at 665 and 666, and the evidence indicated that, at that time, the employee related his lung dysfunction to his workplace asbestos exposure; however, he did not sue his employer until 1995. The Alabama Supreme…