REYNOLDS ET AL., APPELLEES,
v.
CSX TRANSPORTATION, INC. ET AL., APPELLANTS.
Court of Appeals of Ohio, Montgomery County.https://leagle.com/images/logo.png
Decided August 29, 1989.
Decided August 29, 1989.
Attorney(s) appearing for the Case
Gardner, Ewing & Souza, Gary L. Gardner, Joseph C. Souza and C. David Ewing; Ruschau & Lehman and Steve J. Ruschau; Ruppert, Bronson & Chicarelli, James D. Ruppert and John D. Smith; Hochman & Horwitz and James B. Hochman; and Waite, Schneider, Bayless & Chesley Co., L.P.A., and Stanley M. Chesley, for appellees.
Bieser, Greer & Landis and A. Mark Segreti, Jr.; and Lindhorst & Dreidame Co., L.P.A., and James L. O'Connell, for appellants CSX Transportation, Inc. and CSX Corporation.
Rendigs, Fry, Kiely & Dennis and W. Roger Fry, for appellants Albright & Wilson Americas, Inc. and Albright & Wilson Americas, Division of Tenneco Canada, Inc.
Freund, Freeze & Arnold and Gordon D. Arnold; and Johnston, Cusack & Bell, Ltd., William V. Johnson, John A. Childers, H. Patrick Morris and Frederick S. Mueller, for appellant Union Tank Car Company.
Robert B. Bartlett, Jr., for appellants.
Court of Appeals of Ohio, Montgomery County.
FAIN, J.
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 subclass[es1] * * * 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...
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