CSX Transportation, Inc. v. Adkins

Smith, Judge.

Adkins and Wagers brought separate actions for damages against their mutual employer, CSX Transportation, Inc., seeking recovery under the Federal Employers Liability Act (FELA), 45 USC § 51 et seq., for injuries sustained as a result of the same occupational disease. After discovery, CSX moved in each case for summary judgment on the basis of the statute of limitation. Although these motions were denied, the trial court timely certified its orders for immediate review. OCGA § 5-6-34 (b). CSX’s applications for interlocutory appeal were granted by this court and timely notices of…