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HARRIS v. CSX TRANSP., INC.

No. 12-1135.

753 S.E.2d 275 (2013)

Deborah Kay HARRIS, Administratrix of the Estate of Ronald K. Harris, Deceased, Plaintiff Below, Petitioner v. CSX TRANSPORTATION, INC., Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 13, 2013.

Attorney(s) appearing for the Case

R. Dean Hartley , Julie R. Magers , J. Michael Prascik , Hartley & O'Brien, P.L.L.C., Wheeling, WV, for Petitioner.

James W. Turner , Steptoe & Johnson, Huntington, WV, Andrew E. Tauber , Brian J. Wong , Mayer Brown LLP, Washington, D.C., for Respondent.

DAVIS, Justice:

Deborah Kay Harris, administratrix of the Estate of Ronald K. Harris ("Petitioner"), appeals an order of the Circuit Court of Marshall County granting summary judgment in favor of CSX Transportation, Inc. ("CSX"). The circuit court granted summary judgment after ruling that Petitioner was precluded from calling her three expert witnesses at trial. The dispositive issue presented by the Petitioner in this appeal is whether the circuit court committed...

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