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DIXON v. CSX TRANSP., INC.

No. 92-1652.

990 F.2d 1440 (1993)

Larry Edward DIXON; Estate of Sally H. Dixon, by her personal representative Johnathan Branch Dixon, Plaintiffs-Appellees, v. CSX TRANSPORTATION, INCORPORATED, a Virginia corporation, Defendant-Appellant, and Seaboard System Railroad, a Virginia corporation; Seaboard Systems Railroad, Inc., a Virginia corporation; CSX Corporation, a Virginia corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 13, 1993.

Attorney(s) appearing for the Case

Thomas Ashe Lockhart, Cansler, Lockhart & Evans, P.A., Charlotte, NC, argued (Thomas D. Garlitz, on brief), for defendant-appellant.

Roger Kent Brown, Brown, Hogin & Montgomery, Charlotte, NC, argued (James R. Glover, Glover & Petersen, P.A., Chapel Hill, NC, on brief), for plaintiff-appellee Larry Dixon (Charles McB. Sasser, Cox, Gage & Sasser, Charlotte, NC, on brief), for plaintiff-appellee Sally Dixon.

Before RUSSELL, WILKINSON, and LUTTIG, Circuit Judges.

OPINION

LUTTIG, Circuit Judge:

CSX Transportation, Inc., appeals from alternative judgments rendered in favor of Larry and Sally Dixon totalling $13,609,308 on a Federal Employers' Liability Act (FELA) claim and $15,109,308 on two state law claims. All three claims arose from a 1985 accident in which a train operated by CSX struck Mr. Dixon's automobile. For the reasons that follow, we vacate both judgments, dismiss...

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