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GARCIA v. NORFOLK SOUTHERN RY. CO.

No. E2006-02674-COA-R3-CV.

266 S.W.3d 917 (2008)

Daniel Pantoja GARCIA v. NORFOLK SOUTHERN RAILWAY COMPANY.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

February 22, 2008.

Permission to Appeal Denied by Supreme Court August 25, 2008.

Attorney(s) appearing for the Case

Michael M. Raulston, Chattanooga, Tennessee, for the appellant, Daniel Pantoja Garcia, individually and as the surviving spouse of Lydia Garcia, deceased, and as father and next friend of Ismael Corona Garcia, Manuel Corona Garcia, and Daniel Corona Garcia, minor children of Lydia Garcia, deceased.

Craig R. Allen, Thomas A. Williams, and Bruce D. Gill, Chattanooga, Tennessee, for the appellee, Norfolk Southern Railway Company.

OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J., joined.

In this appeal of a directed verdict in a wrongful death case, Daniel Pantoja Garcia ("Husband") claims that Norfolk Southern Railway Company ("Norfolk Southern") was negligent in failing to warn his now-deceased wife, Lydia Garcia ("Wife"), of the presence of diesel fuel...

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