Bell v. Norfolk Southern Railway Co.

Judge Harold R. Banke.

Federal Employers’ Liability Act. John Bell suffered heat stroke or severe heat exhaustion while working for Norfolk Southern. In this suit against his employer, he contends the railroad’s failure to promptly supply him emergency medical attention after this attack has afflicted him with a permanently disabling syndrome called “heat intolerance.” The trial court granted summary judgment based on the statute of limitation and the merits, finding Norfolk Southern produced uncontradicted evidence it exercised reasonable care in *789addressing Bell’s medical problem. Held:

1. In…