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PAYNE v. CSX TRANSPORTATION, INC.

No. E2012-02392-COA-R3-CV.

ANNE PAYNE, v. CSX TRANSPORTATION, INC.

Court of Appeals of Tennessee, at Knoxville.

Filed December 27, 2013.

Attorney(s) appearing for the Case

Richard N. Shapiro , Virginia Beach, Virginia; Sidney W. Gilreath and Cary L. Bauer , Knoxville, Tennessee, for the appellant, Anne Payne.

Randall A. Jordan , Karen Jenkins Young , and Christopher R. Jordan , St. Simons Island, Georgia; Evan M. Tager and Carl J. Summers , Washington, D.C.; John W. Baker, Jr. and Emily L. Herman-Thompson , Knoxville, Tennessee, for the appellee, CSX Transportation, Inc.

CHARLES D. SUSANO, JR., P.J., delivered the opinion of the Court, in which THOMAS R. FRIERSON, II, J., and D. KELLY THOMAS, SP.J, joined.

OPINION

CHARLES D. SUSANO, Jr., P.J.

Winston Payne brought this action against his former employer, CSX Transportation, Inc., under the Federal Employers' Liability Act ("FELA"), alleging that CSX negligently exposed him to asbestos, diesel fumes, and radioactive materials in the workplace causing his injuries.1 The jury returned a verdict finding (1) that CSX negligently caused Payne's injuries; (2) that CSX violated the Locomotive...

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