Summary Judgment Inappropriate Under 'Relaxed' Standard of Proof in FELA Action

ATLANTA - A trial court erred in granting a defendant's motion for summary judgment on grounds the plaintiffs failed to prove they had been exposed to a specific minimum level of asbestos to cause their illnesses, a Georgia appeals court has ruled, maintaining that plaintiffs met the more relaxed standard of proof of causation for claims under the Federal Employers' Liability Act (FELA). Filmore v. CSX Transportation, No. A01A1530-A01A1547 (Ga. Ct. App., 1st Div.).

In its Nov. 21 decision, the Court of Appeals of Georgia found affidavits by former CSX Transportation employees and testimony by expert doctors sufficient to establish …