RATLIFF v. NORFOLK SOUTHERN RY. CO.

No. 34156.

680 S.E.2d 28 (2009)

Freda Marlene RATLIFF, as Executrix of the Estate of Sparrell Ratliff, Plaintiff Below, Appellant, v. NORFOLK SOUTHERN RAILWAY COMPANY, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided March 12, 2009.

Concurring Opinion of Chief Justice Benjamin July 27, 2009.


Attorney(s) appearing for the Case

Richard N. Shapiro, Hajek, Shapiro, Cooper, Lewis & Appleton, Virginia Beach, VA, Michael P. Giertz, Hartley & O'Brien, PLLC, Wheeling, WV, for the Appellant.

Patrick Casey, Darla Mushet, Burns, White & Hickton, Wheeling, WV, Attorneys for Amicus Curiae, Association of American Railroads.

Luke A. Lafferre, Alexis Mattingly, Huddleston Bolen LLP, Huntington, WV, for the Appellee.


DAVIS, Justice.1

In this action brought under the Federal Employer's Liability Act (hereinafter referred to as "the FELA"), Mrs. Freda Ratliff (hereinafter referred to as "Mrs. Ratliff"), in her capacity as executrix of the estate of her deceased husband, Mr. Sparrell Ratliff, Jr., plaintiff below and appellant herein, asks this Court to review an award of summary judgment in favor of Norfolk Southern Railway Company (hereinafter referred...

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