Legal Opinion

Robb v. CSX Transportation, Inc.

Court of Appeals of Georgia

Decided June 26, 1992No. A92A0898PublishedCited by 7 opinions

1Opinion of the Court

McMurray, Presiding Judge.

On November 21, 1989, plaintiff brought suit against defendant seeking damages for a hearing loss injury under the Federal Employ ers’ Liability Act (“FELA”), 45 USC § 51 et seq. Defendant answered the complaint, denying liability and asserting, inter alia, a statute of limitation defense. Following discovery, defendant moved for summary judgment. The trial court granted the motion, ruling that plaintiff’s suit was time barred as a matter of law. Plaintiff appeals. Held:

In his deposition, plaintiff testified as follows: “Q. When is the first time you noticed any kind…

2Cases cited4 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Urie v. ThompsonSupreme Court of the United States · 1949
  3. McCoy v. Union Pacific Railroad Co.Court of Appeals of Oregon · 1990
  4. Jones v. Maine Central RailroadDistrict Court, D. Maine · 1988

3Cited by7 opinions

  1. Bowles v. CSX Transportation, Inc.Court of Appeals of Georgia · 1992
  2. Hall v. Norfolk Southern Railway Co.Court of Appeals of Georgia · 2002
  3. Phelps v. CSX Transportation, Inc.Court of Appeals of Georgia · 2006
  4. Lutz v. CSX TRANSPORTATION, INC.Court of Appeals of Georgia · 1993
  5. CSX Transportation, Inc. v. AdkinsSupreme Court of Georgia · 1994

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