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TANFIELD v. LEIGH RAILROAD

No. A-4170-12T2.

MARY TANFIELD, Administratrix ad Prosequendum of the Estate of HAROLD TANFIELD, deceased, Plaintiff-Appellant, v. LEIGH RAILROAD, CONSOLIDATED RAIL SHARED ASSETS, CSX TRANSPORTATION AND SYSTEMS, NORFOLK SOUTHERN RAILWAY COMPANY, Defendants, and CONSOLIDATED RAIL CORPORATION (a Pennsylvania Corporation licensed to do business in the State of New Jersey), Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 2014.

Attorney(s) appearing for the Case

Richard S. Mazawey , attorney for appellant.

Ruprecht Hart Weeks and Ricciardulli, LLP, and Patrick M. Horvat (Burns White LLC) of the Pennsylvania bar, admitted pro hac vice, and Ira L. Podheiser (Burns White LLC) of the Pennsylvania bar, admitted pro hac vice, attorneys for respondent ( Francis D. Engracia , Louis A. Ruprecht , Mr. Horvat, and Mr. Podheiser, on the brief).

Before Judges Sapp-Peterson and Sabatino.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

This appeal arises out of the trial court's dismissal of a wrongful death action brought by the widow and administratrix of a long-time railroad worker. The case was brought under the Federal Employers' Liability Act ("FELA"), 45 U.S.C.A. §§ 51 to 60, based upon a claim of occupational exposure. Plaintiff's theory of the case is that her late husband...

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