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PETERSON v. NATIONAL R.R. PASSENGER CORP.

No. 26030.

365 S.C. 391 (2005)

618 S.E.2d 903

Jessie PETERSON and Vanessa Peterson, Appellants, v. NATIONAL RAILROAD PASSENGER CORPORATION, CSX Transportation Inc., and Southco Sweeping and Maintenance, Co., Defendants, of whom National Railroad Passenger Corporation and CSX Transportation, Inc., are, Respondents.

Supreme Court of South Carolina.

Decided August 22, 2005.

Attorney(s) appearing for the Case

Stephen L. Brown, of Young Clement Rivers, of Charleston; and James R. Holland, of Wettermark, Holland & Keith, of Jacksonville, FL, for Appellants.

Charles Craig Young, of Young & Phillips, of Florence; and John C. Millberg, of Millberg, Gordon & Stewart, of Raleigh, NC, for Respondents.

William McBee Smith, of Smith & Haskel Law Firm, of Spartanburg, for Amicus Curiae The Association of American Railroads.

Stephen L. Brown, of Young Clement Rivers, of Charleston, James R. Holland, of Wettermark, Holland & Keith, of Jacksonville, FL, and Michael J. Warshauer, of Thomas, Thorton & Rogers, of Atlanta, GA, for Amicus Curiae The Association of Rail Labor Attorneys.

Chief Justice TOAL:

Jessie Peterson was injured while traveling on a train that derailed. Jessie and Vanessa Peterson (Appellants) brought the underlying action pursuant to the Federal Employer's Liability Act (FELA).1 The trial court granted summary judgment in favor of Respondents, National Railroad Passenger Corporation (Amtrak) and CSX Transportation, Inc. (CSX). Appellants appealed. This matter was certified from the court of appeals...

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