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NORFOLK SOUTHERN RY. CO. v. DENSON

1981364 and 1981365.

774 So.2d 549 (2000)

NORFOLK SOUTHERN RAILWAY COMPANY v. Vernon L. DENSON. Norfolk Southern Railway Company v. James A. Martin.

Supreme Court of Alabama.

June 16, 2000.

Attorney(s) appearing for the Case

Crawford S. McGivaren, Jr., and Steve A. Tucker of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellant.

Clarence M. Small, Jr., Duncan Y. Manley, and Deborah Alley Smith of Rives & Peterson, P.C., Birmingham, for appellees.

James E. Simpson, Stephen A. Rowe, and Jacquelyn A. Gonzales of Lange, Simpson, Robinson & Somerville, Birmingham, for amicus curiae Association of American Railroads.

COOK, Justice.

Norfolk Southern Railway Company ("Norfolk Southern") appeals from judgments entered on jury verdicts in two separate actions awarding James A. Martin and Vernon L. Denson $575,000 and $225,000, respectively. We reverse and remand.

Virtually all the facts out of which these actions arose are undisputed. At approximately 2:55 p.m. on March 24, 1995, Martin and Denson, as engineer and conductor, respectively...

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