Legal Opinion
Cole v. Norfolk Southern Railway
Supreme Court of Virginia
Decided August 31, 2017No. Record 161163PublishedCited by 6 opinions
1Opinion of the Court
OPINION BY JUSTICE WILLIAM C. MIMS
In this appeal, we consider whether a release of liability is void under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq.
I. Background and Procedural History
For more than 35 years, Aaron J. Cole worked as a machinist for Norfolk Southern Railway Company ("NSRC"). During this time, he was regularly exposed to toxic substances and dust, including asbestos. In 1996, he filed a complaint in the circuit court alleging that he contracted "occupational pneumoconiosis, including but not limited to asbestosis" as a result of NSRC's negligence. His…
2Cases cited20 opinions
- Lockhart v. FretwellSupreme Court of the United States · 1993
- Tiller v. Atlantic Coast Line RailroadSupreme Court of the United States · 1943
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
- Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
15 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Andrew L. Ward, Jr. v. Illinois Central Railroad CompanyMississippi Supreme Court · 2019
- Collins v. CommonwealthSupreme Court of Virginia · 2019
- Andrew L. Ward, Jr. v. Illinois Central Railroad CompanyMississippi Supreme Court · 2019
- California Condominium Association v. PetersonSupreme Court of Virginia · 2022
- Chacon v. Union Pacific RailroadCalifornia Court of Appeal · 2020
1 more not listed; retrieve them via the Exa API.