A Hamilton County Circuit Court jury has returned a $5 million verdict for a former CSX Railroad employee.
The jury in the courtroom of Judge Jackie Schulten deliberated two and a half hours before bringing in the verdict in favor of Thurston Hensley, 67.
The jury found that Mr. Hensley had contracted both asbestosis and toxic encephalotathy through his work for 33 years as an electrician at the railroad yards at Corbin, Ky.
It was claimed that he had to handle both asbestos and was around dangerous solvents during his time with the railroad.
The plaintiff said he suffered lung damage from the asbestos and brain damage from the solvents.
He was represented by attorney Doug Nichol of Knoxville and attorney Joe Satterley of Louisville, Ky. The case was originally filed by attorneys from St. Louis, Mo.
The case was filed in January 2002.
Attorney Nichol said it was brought under the Federal Employees Liability Act, which allows for compensatory damages but not punitive damages.
He said that type suit can be brought either in federal or state court and in any place where the defendant railroad has a railyard.
Trial of the case lasted three weeks.