Reynolds v. CSX Transportation, Inc.

Defendants-appellants CSX Transportation, Inc. et al. and CSX Corporation et al., hereinafter collectively referred to as “CSX,” appeal from the decision and order of the trial court conditionally approving certification of a class action for five “proposed subclasses 1 ] * * * as to the issues of negligence and malice, if any, of [CSX],” with regard to a July 8, 1986 Miamisburg train derailment.

CSX presents four basic arguments: (1) that the trial court abused its discretion in certifying a class action as to the five proposed subclasses since plaintiffs-appellees Robert Reynolds and Dale…