Henderson v. MeadWestvaco Corp.

LYONS, Justice.

Sheila Henderson, as personal representative of the estate of Tony R. Henderson, deceased, appeals from a summary judgment in favor of CSX Transportation, Inc. (“CSX”), and MeadWestvaco Corporation (“MeadWestvaco”) on her claim seeking damages for the alleged wrongful death of her husband, Tony R. Henderson. CSX and MeadWestvaco both filed cross-appeals.1 We affirm the summary judgment, *627albeit on a rationale different from that relied upon by the trial court.

I. Facts and Procedural History

Tony R. Henderson was diagnosed with mesothelioma in 2004. Mesothelioma is a cancer of the…