Thaxton v. Norfolk Southern Railway Company, et al.
Thaxton v. Norfork Southern Railway Company, et al., 520 S.E.2d 735, Court of Appeals of Georgia (1999).
- United States
- Jul 8, 1999
- Court of Appeals of Georgia
Thaxton v. Norfork Southern Railway Company, et al., 520 S.E.2d 735, Court of Appeals of Georgia (1999).
A worker sued his employer, Norfolk Southern Railway Company (NSR), and its subsidiary, for injuries. Plaintiff alleged that he was "repeatedly" exposed to environmental tobacco smoke and that the defendant companies failed to provide him a reasonably safe work environment, as required under the Federal Employers’ Liability Act (‘‘FELA’’). Furthermore, the plaintiff claimed that the medical agents of the defendant companies failed to timely provide information about a cancerous spot found on his lung. After discovering that the NSR's parent company was solely responsible for determining NSR's non-smoking policy, the plaintiff sought to add the parent company as a defendant. The parent company, however, asserted that, as a stockholder only, it did not operate as a common rail carrier and therefore was not liable under FELA or common law. The trial court denied the motion. The Court of Appeals of Georgia reversed the trial court's decision, concluding that the parent company had "exclusive control" over NSR's non-smoking policy and could therefore be added as a defendant.