Legal Opinion

CSX Transportation, Inc. v. McDowell

Court of Appeals of Georgia

Decided November 26, 2008No. A08A0849PublishedCited by 10 opinions

1Opinion of the Court

Phipps, Judge.

Earnest McDowell brought an action pursuant to the Federal Employers’ Liability Act (FELA) against CSX Transportation, Inc., alleging that he was injured as a result of occupational exposure to a chemical released from a train car. CSX filed a motion in limine to exclude the testimony of one of McDowell’s expert witnesses as insufficient under OCGA § 24-9-67.1. CSX also filed a motion for summary judgment, arguing that without the expert’s testimony, there was no evidence of causation. The trial court denied CSX’s motions, and CSX appeals. For reasons that follow, we affirm.

The…

2Cases cited9 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Mason v. Home Depot U.S.A., Inc.Supreme Court of Georgia · 2008
  3. Cotten v. PhillipsCourt of Appeals of Georgia · 2006
  4. Kaminer v. CanasSupreme Court of Georgia · 2007
  5. Rodrigues v. Georgia-Pacific Corp.Court of Appeals of Georgia · 2008

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3Cited by10 opinions

  1. Village at Lake Lanier, LLC v. State Bank & Trust Co.Court of Appeals of Georgia · 2012
  2. Board of Regents of the University System of Georgia v. CaseyCourt of Appeals of Georgia · 2009
  3. Lavelle v. Laboratory Corp. of AmericaCourt of Appeals of Georgia · 2014
  4. American Southern Insurance Company v. Spn Trans, LLC.Court of Appeals of Georgia · 2021
  5. Lavelle v. Laboratory Corp. of AmericaCourt of Appeals of Georgia · 2014

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