Fields v. CSX Transportation, Inc.

Colleen Conway Cooney, Judge.

{¶ 1} Defendant-appellant, CSX Transportation, Inc. (“CSX”), appeals the trial court’s denial of its motion to administratively dismiss the complaint of plaintiffappellee, Pearl Fields (“Pearl”), the representative of the estate of Paul Fields. Finding merit to the appeal, we reverse and remand.

{¶ 2} In June 2008, Pearl brought an action against CSX under the Federal Employers’ Liability Act and the Locomotive Inspection Act, alleging that CSX negligently allowed her husband, Paul, to be exposed to various substances, including asbestos and asbestos dust, while…