Whaley v. CSX Transportation, Inc.

I agree with the majority that the trial court erred in denying CSX’s motion for a change of venue pursuant to S.C.Code Ann. § 15-7-30 (1976). Having found this statute controls, I would not reach the other venue issues. I therefore join Part I A of the majority, but decline to join Part I B.

I also join the majority’s decision in Part II affirming the trial court’s denial of CSX’s JNOV motion as it related to the FELA claim and reversing as to the LIA claim. Therefore, I find it unnecessary to reach CSX’s curious preemption argument as to the LIA cause of action. Moreover, like the LIA claim,…