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GARDNER v. CSX TRANSP., INC.

No. 24002.

498 S.E.2d 473 (1997)

201 W.Va. 490

William R. GARDNER, Plaintiff Below, Appellant, v. CSX TRANSPORTATION, INC., Third-Party Plaintiff Below, Appellee, v. Jerry Henry BELCHER, Vernon and Lana Anderson, Third-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 25, 1997.

Attorney(s) appearing for the Case

John T. Papa, Callis, Papa, Jensen, Jackstadt & Halloran, PC, Granite City, IL, James Robinson, Robinson & Rice, LC, Huntington, for the Appellant.

Marc E. Williams, James W. Turner, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, for the Appellee CSX Transportation, Inc.

Anthony J. Cicconi, Shaffer & Shaffer, Charleston, for the Appellees John Henry Belcher and Vernon and Lana Anderson.

McHUGH, Justice:

This case is before this Court on the appeal of William R. Gardner who, while employed by appellee CSX Transportation, Inc., sustained injuries when the locomotive in which he was riding collided with a vehicle owned by appellees Vernon and Lana Anderson and driven by appellee Jerry Henry Belcher. The primary issues in this appeal are rooted in the fact that...

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