Norfolk & Western Railway Co. v. Tsapis

MILLER, Justice:

In this original proceeding in prohibition, we are asked to reconsider that portion of our holding in Gardner v. Norfolk & Western Railway Co., 179 W.Va. 724, 372 S.E.2d 786 (1988), cert. denied, 489 U.S. 1016, 109 S.Ct. 1132, 103 L.Ed.2d 193 (1989), in which we declined to apply the doctrine of forum non conveniens to cases brought under the Federal Employers’ Liability Act (FELA), 45 U.S.U §§ 51-60. 1

In Gardner, there were 103 FELA cases filed against the relator, the Norfolk and Western Railway Company, in the Circuit Court of Brooke County. Forty-three of the plaintiffs…