Espinosa v. Norfolk & Western Railway Co.

Defendant, Norfolk and Western Railway, appeals from a judgment of the Madison County Circuit Court entered in favor of plaintiff, Jose Espinosa, pursuant to his action for damages brought under the Federal Employers’ Liability Act (45 U.S.C. §51 et seq. (1976)). The only issue raised on appeal is whether the trial court abused its discretion in failing to grant defendant’s motion to dismiss on the basis of forum non conveniens. No question is raised concerning plaintiff’s injuries or the amount of the verdict.

We need state only briefly the facts giving rise to plaintiff’s cause of action.…