Legal Opinion

Andrew Spencer v. Norfolk Southern Railway Company

Tennessee Supreme Court

Decided August 29, 2014No. E2012-01204-SC-R11-CVPublishedCited by 7 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · WadeGary R. Wade, C.J.

in which JANICE M. HOLDER, CORNELIA A. CLARK, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

The plaintiff, who was injured while pulling a switch for his employer, Norfolk Southern Railway, filed suit for negligence under the Federal Employers’ Liability Act. The jury returned a verdict in favor of the defendant railroad. The Court of Appeals, ruling that the trial court had provided an erroneous jury instruction, reversed the jury verdict and granted the plaintiff a new trial. Because we find that the instruction qualifies as “substantially accurate” in the context of the…

3Cases cited13 opinions

  1. Otis v. Cambridge Mutual Fire Insurance Co.Tennessee Supreme Court · 1993
  2. Van Gorder v. Grand Trunk Western RR, Inc.Court of Appeals for the Sixth Circuit · 2007
  3. Walter D. Adams v. Csx Transportation, Inc.Court of Appeals for the Sixth Circuit · 1990
  4. Solomon v. First American National Bank of NashvilleCourt of Appeals of Tennessee · 1989
  5. Raymond D. Robert v. Consolidated Rail CorporationCourt of Appeals for the First Circuit · 1987

8 more not listed; retrieve them via the Exa API.

4Cited by7 opinions

  1. Mitch Goree v. United Parcel Service, Inc.Court of Appeals of Tennessee · 2015
  2. Barrios v. New Orleans & Gulf Coast Railway CompanyDistrict Court, E.D. Louisiana · 2019
  3. Dement Construction Company, LLC v. Lucas C. NemethCourt of Appeals of Tennessee · 2016
  4. Jami Logian a/k/a Jami Logian Gobea v. Lee R. Morisy MDCourt of Appeals of Tennessee · 2016
  5. Kerry Davis, Surviving Husband of Sylvia Davis v. Garrettson Ellis, MDCourt of Appeals of Tennessee · 2025

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API