WHALEY v. CSX TRANSP., INC.

No. 25935.

362 S.C. 456 (2005)

609 S.E.2d 286

Danny WHALEY, Respondent, v. CSX TRANSPORTATION, INC., Appellant.

Supreme Court of South Carolina.

Decided February 2, 2005.

Rehearing Denied March 10, 2005.


Attorney(s) appearing for the Case

Ronald K. Wray, II, Daniel B. White, Andrea M. Hawkins, all of Gallivan White & Boyd, of Greenville; and Lee S. Bowers, of Bowers & Siren, of Estill, for appellant.

C. Arthur Rutter, III, of Rutter Mills, of Norfolk; John E. Parker and Randolph Murdaugh, IV, both of Peters Murdaugh Parker Eltzroth & Detrick, of Hampton, for respondent.

Marvin D. Infinger and Lydia Blessing Applegate, both of Haynsworth Sinkler Boyd, of Charleston; and Victor E. Schwartz, Leah Lorber, and Cary Silverman, all of Shook Hardy & Bacon, of Washington, D.C., for Amici Curiae The American Tort Reform Association and The South Carolina Chamber of Commerce.

Wendy J. Keefer, of Barnwell Whaley Patterson & Helms, of Charleston; Robert W. Buffington of Haynsworth Sinkler Boyd, of Columbia, for Amici Curiae Concerned Citizens for Responsible Government in Hampton County and South Carolina Defense Trial Attorneys Association.

Stephen G. Morrison and Jacob A. Sommer, both of Nelson Mullins Riley & Scarborough, of Columbia; and Hugh F. Young, Jr., of Products Liability Advisory Council, Inc., of Reston, for Amicus Curiae Product Liability Advisory Council, Inc.


Chief Justice TOAL:

Danny Whaley (Whaley), a locomotive engineer, filed a complaint against his former employer, CSX Transportation, Inc. (CSX), alleging that, due to CSX's negligence, he was injured as a result of exposure to excessive heat in a locomotive cab. The jury awarded Whaley actual damages in the amount of $1,000,000. CSX appealed, and after certifying this case for review pursuant to Rule 204(b), SCACR, we affirm in part, reverse in part, and remand.<...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases