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COLE v. NORFOLK SOUTHERN RY. CO.

Record No. 161163.

803 S.E.2d 346 (2017)

Alan Barry COLE, as Executor of the Estate of Aaron Jethro Cole, v. NORFOLK SOUTHERN RAILWAY COMPANY.

Supreme Court of Virginia.

August 31, 2017.

Attorney(s) appearing for the Case

John E. Guerry, III ( Charles R. Allen, Jr. , Roanoke; Russell N. Brahm, III , Norfolk; Motley Rice, on briefs), for appellant.

Frank K. Friedman ( James W. Jennings ; David A. Damico ; Woods Rogers , Roanoke; Burns, White, on brief), for appellee.

Amicus Curiae: Association of American Railroads ( John D. Eure ; Johnson, Ayers & Matthews, Roanoke, on brief), in support of appellee.

PRESENT: Lemons, C.J., Mims, McClanahan, Powell, Kelsey, McCullough, JJ., and Lacy, S.J.

OPINION BY JUSTICE WILLIAM C. MIMS

In this appeal, we consider whether a release of liability is void under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq.

I. Background and Procedural History

For more than 35 years, Aaron J. Cole worked as a machinist for Norfolk Southern Railway Company ("NSRC"). During this time, he was regularly exposed to toxic substances and dust, including asbestos. In 1996,...

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