Downer v. CSX Transportation, Inc.
Supreme Court of Virginia
1Opinion of the Court
SENIOR JUSTICE WHITING
delivered the opinion of the Court.
This is an appeal of an action under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51 et seq. (1981) (FELA).
Michael J. Downer filed this FELA action against Amoco Oil Company (Amoco) and his employer, CSX Transportation, Inc. (CSX), alleging that he was injured when those parties negligently exposed him to noxious chemicals at Amoco’s Yorktown Refinery. Downer settled his claim against Amoco upon its payment of $5,000 in exchange for Downer’s covenant not to sue and the consequent dismissal of Amoco as a party defendant.
Subsequently…
2Cases cited16 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
- Bradner v. MitchellSupreme Court of Virginia · 1987
- Edmiston v. KupsenelSupreme Court of Virginia · 1964
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3Cited by4 opinions
- Michael Anthony Stamathis v. Flying J, Incorporated, a Delaware Corporation David L. HansenCourt of Appeals for the Fourth Circuit · 2004
- Downer v. CSX Transp., Inc.Supreme Court of Virginia · 1998
- Anglin v. McCannCharlottesville County Circuit Court · 2011
- Kemper v. BNSF Railway Co.Court of Appeals of Kansas · 2026