Laverty v. CSX Transportation, Inc.

The plaintiff, Claudious Laverty, individually and as the administrator of the estate of her deceased husband, Thomas R. Laverty, filed a complaint in the circuit court of Madison County against CSX Transportation, Inc. (CSX Transportation), and other defendants, for willful and wanton conduct and negligence pursuant to the Federal Employers’ Liability Act (FELA) (45 U.S.C. §51 et seq. (2000)). CSX Transportation appeals the circuit court’s order denying its motion to dismiss on the grounds of forum non conveniens. We reverse and remand with directions.

FACTS

In counts I, II, and VIII of her…