HENSLEY v. CSX TRANSP., INC.

No. E2007-00323-COA-R3-CV

278 S.W.3d 282 (2008)

Thurston HENSLEY, v. CSX TRANSPORTATION, INC.

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

March 14, 2008.

Opinion and Order on Petition for Rehearing April 3, 2008.

Permission to Appeal Denied by Supreme Court November 17, 2008.


Attorney(s) appearing for the Case

Gareth S. Aden and Christopher W. Cardwell, Nashville, Tennessee; Randall A. Jordan, Grant Buckley, Karen Jenkins Young, and Christopher R. Jordan, St. Simons Island, Georgia; and H. Dean Clements, Chattanooga, Tennessee, for the appellant, CSX Transportation, Inc.

H. Douglas Nichol, Knoxville, Tennessee, and Joseph D. Satterley, Louisville, Kentucky, for the appellee, Thurston Hensley.


OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in which SHARON G. LEE, J., and NORMA McGEE OGLE, Sp. J., joined.

Thurston Hensley ("Employee") sued CSX Transportation, Inc. ("Railroad") pursuant to the Federal Employees Liability Act ("FELA"), 45 U.S.C. §§ 51-60 (2008), alleging that he contracted toxic encephalopathy and asbestosis in the course and scope of his employment as an electrician with Railroad. The case was...

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