Widow Allowed to Proceed with Wrongful Death Action Against Railroad

WHEELING, W.Va. - A railroad worker's widow can maintain an action for wrongful death because her cause of action accrued when her husband died and was filed within three years of that date, a federal judge has ruled. Davis v. CSX Corp., No. 1:10cv74 (N.D. W.V.).

Judge Frederick P. Stamp Jr. denied that part of CSX Corp.'s motion for summary judgment on Dec. 21, although he awarded summary judgment on personal injury claims asserted on behalf of Victor C. Davis' estate, finding that claim time-barred under the Federal Employers' Liability Act (45 U.S.C.§ 51 et seq.).

Trial on Betty Jo …