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ROGERS v. NORFOLK SOUTHERN CORP.

No. 3248.

343 S.C. 52 (2000)

538 S.E.2d 664

John David ROGERS, Respondent, v. NORFOLK SOUTHERN CORPORATION, Norfolk Southern Railway Company, Appellant.

Court of Appeals of South Carolina.

Decided October 2, 2000.

Rehearing Denied January 8, 2001.

Attorney(s) appearing for the Case

Henry Dargan McMaster and John Gregg McMaster, both of Tompkins & McMaster, all of Columbia, for appellant.

Robert A. McKenzie, of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia; William C. Tucker, of Lucas, Alvis & Walsh; and Deborah Alley Smith, of Rives & Peterson, both of Birmingham, AL, for respondent.

CURETON, Judge:

This appeal arises from claims filed by John David Rogers (Rogers) against his employer Norfolk Southern (Norfolk) under the Federal Employer's Liability Act (the FELA)1 and against the U.S. Silica Company (U.S. Silica) for common law negligence. Following the trial of this case, the jury returned a verdict of $3,000,000, apportioning thirty percent to Norfolk and seventy percent to U.S. Silica. On appeal, Norfolk argues...

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