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CSX TRANSP., INC. v. McDOWELL

No. A08A0849.

670 S.E.2d 543 (2008)

CSX TRANSPORTATION, INC. v. McDOWELL.

Court of Appeals of Georgia.

November 26, 2008.

Attorney(s) appearing for the Case

Casey & Gilson, James E. Gilson, Atlanta, for appellant.

Harp & Callier, John A. Harp, Jefferson C. Callier, Douglas Lamar Gibson, Waycross, Columbus, for McDowell.

PHIPPS, Judge.

Earnest McDowell brought an action pursuant to the Federal Employers' Liability Act (FELA) against CSX Transportation, Inc., alleging that he was injured as a result of occupational exposure to a chemical released from a train car. CSX filed a motion in limine to exclude the testimony of one of McDowell's expert witnesses as insufficient under OCGA § 24-9-67.1. CSX also filed a motion for summary judgment, arguing that without the expert's testimony...

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