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Norfolk & Western Railway Co. v. Ayers

Docket No.: 01-963
Certiorari Granted: Apr 1 2002
Argued: November 6, 2002
Decided: March 10, 2003

Topics:

Federal Employers' Liability, Economic Activity, Election of Remedies, Appellate Procedure, Civil Procedure, Compensation, Comprehensive Environmental Response, Federal Rules of Civil Procedure, abuse of discretion, and Liability Act of 1980, habeas, ineffective assistance of counsel, probable cause

PartyNames: Norfolk & Western Railway Company v. Freeman Ayers, et al.
Petitioner: Norfolk & Western Railway Company
Respondent: Freeman Ayers, et al.

Court Below: Circuit Court of West Virginia, Kanawha County
Citation: West Virginia Circuit Court, No. 92-C-5829, No. 93-C-7004, 2/14/01 unpublished.
Supreme Court Docket

Norfolk & Western Railway Company
v.
Freeman Ayers, et al.
538 U.S. 135 (2003)
Question Presented:

I. Whether it was error for the court below , in conflict with decisions of federal courts of appeals, state supreme courts and prevailing common-law principles, toaward emotional-distress damages under the Federal Employers' Liability Act ("FELA ") to plaintiffs who presented no ev idence of physical manifestation or other corroboration of injury related to their alleged fear of cancer? 2. Whether it was error for the court below, in conflict with decisions of the federal courts of appeals, state supreme courts and evolving common-law principles, not to apportion damages under FELA among tortfeasors? CERT. GRANTED: 4/1/02

Question:

Can an employer be held liable for pain and suffering caused by a disease that has not yet been contracted? And are railroad companies liable for full damages under FELA even if the actions or negligence of other parties contributed to the damage inflicted?

Norfolk & Western Railway Co. v. Ayers
ORAL ARGUMENT

November 6, 2002

Holding: affirmed
Decision: Decision: 5 votes for Ayers, 4 vote(s) against
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