CHARLESTON -- CSX has filed a federal suit against a Kentucky woman, alleging she has filed a second asbestos lawsuit against the company.
CSX Transportation Inc. claims Terry Jo Meadows filed an asbestos lawsuit on behalf of her deceased husband, Danny Joe Brown, after Brown already had received damages from the company.
In the suit, CSX claims it settled a case with Brown for $58,000 before he died. As part of the settlement, Brown signed a release agreement, the suit states.
In it, he agreed to not hold the company responsible for any asbestos-related diseases or illnesses. He also agreed to hold it harmless from any claims brought against it by another person, according to the complaint filed in U.S. District Court.
"This Release Agreement released CSXT from liability for any future known or unknown disease or condition that might stem from any exposures Mr. Brown allegedly had while employed by CSXT," the complaint states.
Brown, who had worked from 1955 until 1991 at the Chesapeake and Ohio Railway Company, died of lung cancer, according to a June 3 suit filed by Meadows.
After he died, Meadows filed her own seven-count suit in Kanawha Circuit Court against 29 defendant companies, claiming Brown suffered great pain and mental anguish.
She also claims she has been forced to pay medical costs and funeral expenses.
She is seeking compensatory damages in an amount in excess of jurisdictional amounts, punitive damages and other relief the Court deems just and proper.
CSX is seeking a judgment that declares the provisions of the release agreement valid and binding, that claims made in Brown's lawsuit are precluded by the release, that the company be safe from any costs brought by Meadows and any other relief the Court deems appropriate.
CSX is represented by Luke A. Lafferre and Jarrett D. Gerlach of Huddleston Bolen in Huntington.
Meadows is represented by Cindy J. Kiblinger of James F. Humphreys & Associates in Charleston and by Victoria Antion of Motley Rice in Mt. Pleasant, S.C.
Case number 2:08-1034