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NORTON v. NORFOLK SOUTHERN RY. CO.

No. 25501.

350 S.C. 473 (2002)

567 S.E.2d 851

Lester W. NORTON, Respondent, v. NORFOLK SOUTHERN RAILWAY COMPANY, Petitioner.

Supreme Court of South Carolina.

Decided July 22, 2002.

Attorney(s) appearing for the Case

Keith D. Munson, of Womble, Carlyle, Sandridge & Rice, PLLC, of Greenville, for petitioner.

David S. Schnitzer, of Bondurant & Appleton, P.C., of Portsmouth, Virginia, and John David Whisenhunt, Jr., of Florence, for respondent.

Chief Justice TOAL.

Norfolk Southern Railway Company ("Norfolk") appeals the trial court's order granting Lester W. Norton ("Mr. Norton") a new trial after the jury returned a verdict for Norfolk.

FACTUAL/PROCEDURAL BACKGROUND

Mr. Norton brought this action pursuant to the Federal Employers' Liability Act1 ("FELA") seeking to recover damages for alleged injury to his knee caused by Norfolk's negligence. The jury returned...

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