ANDREW SPENCER v. NORFOLK SOUTHERN RAILWAY COMPANY - Articles

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Posted by: Tanja Trezise on Jul 29, 2013

Court: TN Court of Appeals

Attorneys 1:

John A. Moss and John D. Steel, Admitted Pro Hac Vice, Atlanta, Georgia, and Michael E. Richardson, Chattanooga, Tennessee, for the appellant, Andrew Spencer.

Attorneys 2:

Craig R. Allen and Benjamin T. Reese, Chattanooga, Tennessee, for the appellee, Norfolk Southern Railway Company.

Judge(s): SWINEY

Andrew Spencer (“Plaintiff”) sued Norfolk Southern Railway Company (“Railroad”) for negligence under the Federal Employers’ Liability Act. After a jury trial, the Trial Court entered judgment on the jury’s verdict finding and holding, inter alia, that the Railroad was not at fault for Plaintiff’s injury. Plaintiff appeals raising an issue regarding jury instructions concerning foreseeability and notice. We find that the jury instruction regarding foreseeability and notice was misleading, and we vacate and remand for a new trial.

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