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THAXTON v. NORFOLK SOUTHERN RY. CO.

No. A99A0397.

520 S.E.2d 735 (1999)

239 Ga. App. 18

THAXTON v. NORFOLK SOUTHERN RAILWAY COMPANY et al.

Court of Appeals of Georgia.

July 8, 1999.

Attorney(s) appearing for the Case

Jones & Granger, John A. Moss, Atlanta, for appellant.

Nelson, Mullins, Riley & Scarborough, Richard K. Hines V, Richard B. North, Jr., Atlanta, for appellees.

POPE, Presiding Judge.

After Larry Thaxton was diagnosed with lung cancer, he brought this suit against Norfolk Southern Railway Company and its subsidiary, Alabama Great Southern Railway Company, alleging injury from second-hand smoke. He sued the defendants under the Federal Employers' Liability Act ("FELA"), 45 USC § 51 et seq., claiming that his cancer was caused by the environmental tobacco smoke generated by his co-workers when he stayed in sleeping trailers...

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