Sheila HENDERSON, as personal representative of the estate of Tony R. Henderson, deceased
v.
MEADWESTVACO CORPORATION and CSX Transportation, Inc.
CSX Transportation, Inc.
v.
Sheila Henderson, as personal representative of the estate of Tony R. Henderson, deceased
MeadWestvaco Corporation
v.
Sheila Henderson, as personal representative of the estate of Tony R. Henderson, deceased.
Supreme Court of Alabama.https://leagle.com/images/logo.png
March 20, 2009.
Rehearing Denied in No. 1070522 May 15, 2009.
Attorney(s) appearing for the Case
John E. Guerry III of Motley Rice LLC, Mt. Pleasant, South Carolina; and Charles E. Robinson, Jr., of The Robinson Law Firm, PC, Ashville, for appellant/cross-appellee Sheila Henderson, as personal representative of the estate of Tony R. Henderson, deceased.
Randall A. Jordan of The Jordan Firm, St. Simons Island, Georgia; and Todd M. Higey of RicharsonClement PC, Birmingham, for appellee-cross/appellant CSX Transportation, Inc.
H. Thomas Wells, Jr., John A. Smyth III, and E. Bryan Nichols of Maynard, Cooper & Gale, P.C., Birmingham, for appellee/cross-appellant MeadWestvaco Corporation.
Michael D. Freeman, R. Bruce Barze, Jr., and Spencer M. Taylor of Balch & Bingham LLP, Birmingham, for amicus curiae Business Council of Alabama, in support of the appellees/cross-appellants MeadWestvaco Corporation and CSX Transportation, Inc.
Crawford S. McGivaren, Jr., of Cabaniss, Johnston, Gardner, Dumas & O'Neal LLP, Birmingham, for amicus curiae Association of American Railroads, in support of the appellee/cross-appellant CSX Transportation, Inc.
David G. Wirtes, Jr., of Cunningham Bounds LLC, Mobile, for amicus curiae Alabama Association for Justice, in support of the appellant/cross-appellee Sheila Henderson, as personal representative of the estate of Tony R. Henderson, deceased.
Supreme Court of Alabama.
LYONS, Justice.
Sheila Henderson, as personal representative of the estate of Tony R. Henderson, deceased, appeals from a summary judgment in favor of CSX Transportation, Inc. ("CSX"), and MeadWestvaco Corporation ("MeadWestvaco") on her claim seeking damages for the alleged wrongful death of her husband, Tony R. Henderson. CSX and MeadWestvaco both filed cross-appeals.1 We affirm the summary judgment,
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