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SWEENEY v. CSX TRANSP., INC.

2970585.

735 So.2d 472 (1998)

Judith P. SWEENEY, as administratrix of the estate of Charles Kenneth Sweeney, deceased v. CSX TRANSPORTATION, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied July 24, 1998.

Attorney(s) appearing for the Case

Frank O. Burge, Jr., of Burge & Wettermark, P.C., Birmingham; and William W. Talley of Talley & Talley, Scottsboro, for appellant.

Stephen A. Rowe, David W. Spurlock, and John B. Talley, Jr., of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham, for appellee.

MONROE, Judge.

Judith P. Sweeney, as administratrix of the estate of Charles Kenneth Sweeney, sued CSX Transportation, Inc. ("CSX"), under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60, alleging negligence, negligent assignment, and negligent infliction of emotional distress. Mrs. Sweeney also alleged that CSX's negligent acts had caused the death of her husband Charles Kenneth Sweeney. The trial court entered a summary judgment in favor...

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