Gloria Andrews v. Norfolk Southern Railway Company

Tenn. Ct. App.February 12, 2019No. E2018-00508-COA-R3-CV

Defendant WinNorfolk Southern Railway Company

Case Details

Judge(s): Judge D. Michael Swiney, C.J.
Status: Published
Procedural Posture: Summary judgment affirmed on appeal from Circuit Court for Knox County

Related Laws

No specific laws identified for this ruling.

Outcome

Summary judgment was affirmed for Norfolk Southern Railway Company. The court found that the plaintiff failed to produce admissible evidence of asbestos exposure, as lay testimony regarding asbestos presence was properly excluded for lack of personal knowledge.

Excerpt

This appeal arises from a widow's suit over her husband's alleged exposure to asbestos. Raymond Andrews ("Decedent") worked for Norfolk Southern Railway Company ("Norfolk Southern") for 24 years before retiring. He later died of lung cancer. Decedent's wife, Gloria Andrews ("Plaintiff"), sued Norfolk Southern in the Circuit Court for Knox County ("the Trial Court") under the Federal Employers' Liability Act ("FELA") alleging that her late husband had been exposed to asbestos while working for Norfolk Southern. Norfolk Southern filed several evidentiary motions which the Trial Court granted. Norfolk Southern subsequently filed a motion for summary judgment, which also was granted. Plaintiff appeals to this Court raising several evidentiary issues. We hold that the Trial Court did not err in excluding lay testimony regarding the presence of asbestos in areas where Decedent worked because these witnesses lacked personal knowledge about the alleged asbestos. Plaintiff was unable to produce any admissible evidence at the summary judgment stage to support her claim that Norfolk Southern failed to maintain a safe working environment. We affirm the judgment of the Trial Court.

What This Ruling Means

**What Happened** Gloria Andrews sued Norfolk Southern Railway Company after her husband Raymond died of lung cancer. Raymond had worked for the railroad for 24 years before retiring. Gloria claimed that Raymond was exposed to asbestos during his employment, which caused his cancer and death. She filed the lawsuit under federal law that protects railroad workers. **What the Court Decided** The court ruled in favor of Norfolk Southern Railway Company. The appeals court upheld a lower court's decision to dismiss the case before trial. The court found that Gloria Andrews failed to provide proper evidence that her husband was actually exposed to asbestos at work. Witness testimony about asbestos being present wasn't allowed because the witnesses couldn't prove they had direct knowledge of asbestos exposure. **Why This Matters for Workers** This case shows how difficult it can be to prove workplace exposure to harmful substances like asbestos, especially years after the fact. Workers and their families need strong, specific evidence—not just general statements—to win these cases. It highlights the importance of documenting workplace hazards and keeping detailed records of exposure incidents while they're happening, as memories and general observations may not be enough evidence in court.

This summary was generated to explain the ruling in plain English and is not legal advice.

Similar Rulings

Bernard Taruc v. Vanessa Guerra

SIGNAL PUMP, LLC D/B/A SIGNAL POWER v. ARROW ELECTRONICS, INC.

Tenn. Ct. App.Apr 2026

Defendant Win

Cedar Nordbye v. University of Memphis

Tenn. Ct. App.Mar 2026

Defendant Win

Read Full Opinion More Norfolk Southern Railway Company Rulings All Rulings

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

Check Your Rights Learn the Basics

This ruling information is sourced from public court records via CourtListener.com. It is provided for informational and educational purposes only and does not constitute legal advice.