Taylor v. Norfolk Southern Railway Co.

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge.

This is a damages action that follows a prior personal injury action arising from the same alleged asbestos exposure but was dismissed for failure to timely substitute a personal representative upon the death of Plaintiffs decedent. Defendant Norfolk Southern Railway Company (“NSRC”) moves for judgment on the pleadings, arguing that the dismissal of the prior action under Rule 25 of the Federal Rules of Civil Procedure acts as res judica-ta against the present claims it contends arise out of the same transactions and core of…