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MONTGOMERY v. CSX TRANSP., INC.

No. 26411.

376 S.C. 37 (2008)

656 S.E.2d 20

Harry MONTGOMERY, Respondent v. CSX TRANSPORTATION, INC., Petitioner.

Supreme Court of South Carolina.

Decided January 7, 2008.

Attorney(s) appearing for the Case

Mark C. Wilby and Amy R. Snell, of Fulcher Hagler, LLP, of Augusta, GA, for Petitioner.

Robert A. McKenzie, of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, and W.C. Tucker, Jr., of Lucas, Petway, Tucker, and Wash, PC, of Birmingham, AL, for Respondent.

Justice WALLER:

We granted petitioner's request for a writ of certiorari to review the Court of Appeals' opinion in Montgomery v. CSX Transp., Inc., 362 S.C. 529, 608 S.E.2d 440 (Ct.App.2004). We affirm as modified.

PROCEDURAL BACKGROUND

Respondent Harry Montgomery, a railroad employee of petitioner CSX Transportation, Inc. (CSX), was injured while using a manual track wrench...

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