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NORFOLK SOUTHERN RY. CO. v. ROGERS

Record No. 050160.

621 S.E.2d 59 (2005)

270 Va. 468

NORFOLK SOUTHERN RAILWAY COMPANY, Successor in Interest to Norfolk and Western Railway Company v. Dale ROGERS.

Supreme Court of Virginia.

November 4, 2005.

Attorney(s) appearing for the Case

J.A. Stalnaker (Daniel T. Campbell, Norfolk; Wilcox & Savage, on briefs), for appellant.

David S. Schnitzer (Bondurant Law, on brief), Portsmouth, for appellee.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

This appeal involves an action brought by Dale Rogers under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (2000), against Norfolk Southern Railway Company.1 Rogers alleged that, during his employment at Norfolk Southern, he was exposed to both asbestos and silica, Norfolk Southern knew or should have known about such exposure, and despite such knowledge, Norfolk Southern...

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