Gloria Andrews v. Norfolk Southern Railway Company
Case Details
- Judge(s)
- Judge D. Michael Swiney, C.J.
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- 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
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