Legal Opinion

Anne Payne v. CSX Transportation, Inc.

Tennessee Supreme Court

Decided July 1, 2015No. E2012-02392-SC-R11-CVPublishedCited by 45 opinions

1Opinion of the Court 1

OPINION

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

in which Sharon G. Lee, C.J., and Cornelia A. Clark, Jeffrey S. Bivins, and Holly Kirby, JJ., joined.

A railroad employee who was diagnosed with lung cancer filed suit against the railroad under the Federal Employers’ Liability Act, alleging that the railroad had negligently exposed him to asbestos, diesel exhaust fumes, and radioactive materials, all of which were contributing causes to his illness. The employee also alleged that the railroad was negligent per se by violating pertinent safety statutes or regulations. When the employee died prior to trial, his wife was substituted as…

3Cases cited75 opinions

  1. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  2. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  3. Urie v. ThompsonSupreme Court of the United States · 1949
  4. Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
  5. Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931

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4Cited by45 opinions

  1. Danny A. Stewart v. Derrick D. Schofield, Commissioner, Tennessee Department of CorrectionTennessee Supreme Court · 2012
  2. Mitch Goree v. United Parcel Service, Inc.Court of Appeals of Tennessee · 2015
  3. In Re Estate of Gertrude Bible LinkCourt of Appeals of Tennessee · 2017
  4. Christy L. Bradley v. Laura Bishop, M.D.Court of Appeals of Tennessee · 2017
  5. Kelley v. Apria Healthcare, LLCDistrict Court, E.D. Tennessee · 2017

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