Fields v. CSX Transportation, Inc.

Sean C. Gallagher, Judge.

{¶ 1} Defendant-appellant, CSX Transportation, Inc., appeals the decision of the Cuyahoga County Court of Common Pleas that found that the decedent was not a smoker pursuant to R.C. 2307.91(DD). For the reasons stated herein, we reverse the decision and remand the matter to the trial court for further consideration.

{¶ 2} In June 2008, plaintiff-appellee, Pearl Fields, as representative of the estate of Paul H. Fields, filed an action against CSX under the Federal Employ ers’ Liability Act, 45 U.S.C. 51 et seq., and the Locomotive Inspection Act, 49 U.S.C. 20701 et…