WILMINGTON, Del. (Legal Newsline) – A settlement and release reached 20 years ago will not prevent a former BNSF Railway Company employee from alleging the company caused his lung cancer.
The Delaware Superior Court ruled that way Nov. 2 in a lawsuit brought by Raymond Reed, who sued the company three years ago. He says BNSF exposed him to diesel fuel/exhaust, benzene, creosote and asbestos.
It is the second time Reed has sued BNSF. He reached a $166,000 settlement in 2000 that said he forfeited the right to pursue “any and all claims, whether known or unknown” resulting from exposure to noise, smoke, fumes, dust, gases, chemicals or fibers, among other possible litigation topics.
“(T)he release is strong, but not conclusive evidence of the parties’ intent,” Judge Eric Davis.
“The release, however, does not detail specific known risks or maladies. Much of the release seems to use ‘boilerplate’ language. The court has been presented with no facts showing that the parties negotiated any part of the releases other than the settlement amount.”
Davis called BNSF’s argument that the release prevents the current lawsuit “factually incomplete.”
Davis also noted that Reed testified he understood the release. There are too many factual disputes to grant summary judgment to the company, he ruled, and the case will proceed toward trial.
At trial, BNSF will be allowed to tell jurors that the release prevents Reed’s current lawsuit.