Greene v. CSX Transp., Inc.

843 So. 2d 157, 2002 WL 1998242
CourtSupreme Court of Alabama
DecidedAugust 30, 2002
Docket1010357
StatusPublished
Cited by5 cases

This text of 843 So. 2d 157 (Greene v. CSX Transp., Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greene v. CSX Transp., Inc., 843 So. 2d 157, 2002 WL 1998242 (Ala. 2002).

Opinion

843 So.2d 157 (2002)

Roxanne GREENE, as administratrix of the estate of George Greene, deceased; et al.
v.
CSX TRANSPORTATION, INC.

1010357.

Supreme Court of Alabama.

August 30, 2002.

John C. Hall III of Hall & Hall, L.L.C., Birmingham, for appellants.

Stephen A. Rowe and Todd M. Higey of Lange, Simpson, Robinson & Somerville, L.L.P., Birmingham, for appellee.

*158 WOODALL, Justice.

This case presents the question whether the "latent-illness-discovery rule" applies to actions brought by the personal representatives of deceased railroad employees, pursuant to 45 U.S.C. § 59, a part of the Federal Employers' Liability Act, for personal injuries allegedly suffered by the employees in the course of their employment. We answer that question in the negative, and we affirm the summary judgment for the defendant.

According to the undisputed facts, Edward L. Parker, Jr., was employed by CSX Transportation, Inc. ("CSX"), from 1947 to 1971. During that time, his brother, Charles Parker, also worked for CSX. On April 6, 1971, Edward Parker died of lung cancer.

In 1997, Charles Parker sought medical treatment for breathing difficulties. He was diagnosed with mesothelioma, a form of lung cancer, from which he subsequently died. Dr. Alan Stansfield, one of Charles Parker's physicians, attributed the illness to exposure to asbestos, and suggested a possible connection between the illness and his employment.

Based on Dr. Stansfield's diagnosis of her uncle, Martha P. Johnson, Edward Parker's daughter, sued CSX on January 10, 2000, as "personal representative with the will annexed of Edward L. Parker, deceased." The complaint alleged that Parker's fatal cancer resulted from exposure to asbestos and other toxic substances in the course of his employment with CSX. It alleged violations of various federal acts, including the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("FELA"), the Locomotive Boiler Inspection Act, 45 U.S.C. § 22 et seq., and the Federal Railroad Safety Act, 45 U.S.C. § 421 et seq. Johnson sought compensation for Parker's personal injuries, pursuant to 45 U.S.C. § 59, which provides:

"Any right of action given by this chapter to a person suffering injury shall survive to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee, and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee, but in such cases there shall be only one recovery for the same injury."

(Emphasis added.)

Joining Johnson in the complaint was Roxanne Greene, as the administratrix of the estate of George Greene, her deceased husband. The allegations of Greene, whose husband died of lung cancer on November 29, 1993, paralleled those of Johnson, namely, that George Greene's cancer resulted from exposure to asbestos and other toxic substances in the course of his employment by CSX. Like Johnson, she sought compensation for the personal injuries of her decedent, pursuant to 45 U.S.C. § 59.

CSX moved for a summary judgment as to the claims of both plaintiffs, on the ground that their claims were barred by the limitations period in 45 U.S.C. § 56 ("No action shall be maintained under this chapter unless commenced within three years from the day the cause of action accrued.").

The trial court granted the motion, and the plaintiffs appealed. On appeal, the plaintiffs contend that their respective decedents died from latent occupational diseases, and, consequently, that their actions were timely filed, pursuant to the latent-injury-discovery rule recognized by Urie v. Thompson, 337 U.S. 163, 69 S.Ct. 1018, 93 L.Ed. 1282 (1949), and refined by United States v. Kubrick, 444 U.S. 111, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979).

*159 Urie was a FELA personal-injury action commenced by a former railroad employee, who allegedly developed silicosis in the course of his employment. 337 U.S. at 165-66, 69 S.Ct. 1018. The United States Supreme Court stated: "`[I]nasmuch as the injurious consequences of the exposure are the product of a period of time rather than a point of time ... the afflicted employee can be held to be "injured" only when the accumulated effects of the deleterious substance manifest themselves....'" 337 U.S. at 170, 69 S.Ct. 1018 (quoting Associated Indem. Corp. v. Industrial Accident Comm'n, 124 Cal.App. 378, 381, 12 P.2d 1075, 1076 (1932)). Kubrick was a Federal Tort Claims Act ("FTCA") action, commenced by an alleged victim of medical malpractice, arising out of his treatment at a Veterans' Administration hospital. 444 U.S. at 113-14, 100 S.Ct. 352. There, the United States Supreme Court held that a FTCA action accrues when "a plaintiff [is] in possession of the critical facts that he has been hurt and who has inflicted the injury." 444 U.S. at 122, 100 S.Ct. 352.[1] The rule stated in Kubrick is applicable in FELA actions. Fries v. Chicago & Northwestern Transp. Co., 909 F.2d 1092 (7th Cir.1990). Together, Urie and Kubrick stand for the proposition that a FELA "cause of action accrues for statute of limitation purposes when a reasonable [employee] knows or in the exercise of reasonable diligence should have known of both the injury and its governing cause." 909 F.2d at 1095. See also Kindred v. Burlington Northern R.R., 742 So.2d 155, 157 (Ala.1999) ("a FELA cause of action accrues when an injured [employee] knows, or in the exercise of reasonable diligence should know, of facts indicating that the cause of the injury is work-related").

Johnson and Greene insist that they did not learn of a possible connection between their decedents' lung cancers and their employment until less than three years before commencing this action. They contend that a jury question is presented as to whether their causes of action accrued more than three years before the commencement of this action, that is, whether they acted reasonably in failing to discover the possible connections between their decedents' illnesses and their employment. In neither Urie nor Kubrick, however, had the plaintiff died as a result of his injuries. Thus, Johnson and Greene propose that the discovery rule be extended to personal representatives of FELA employees. Consequently, they invite this Court to hold that the cause of action for personal injury to Edward Parker might have "accrued" more than 26 years after his death.

The plaintiffs cite no appellate case

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843 So. 2d 157, 2002 WL 1998242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-csx-transp-inc-ala-2002.