· 9/24/2007
Shiver v. Georgia & Florida Railnet, Inc.
Citations
- 652 S.E.2d 819
- 287 Ga. App. 828
- 2007 Fulton County D. Rep. 3006
- 2007 Ga. App. LEXIS 1039
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing “differential diagnosis” as a method hy which a plaintiff in a chemical exposure case may show specific causation in a manner that satisfies the Daubert standard
- discussing claim brought under Federal Employer’s Liability Act, but noting that such claims require a plaintiff to “prove the traditional common law elements of negligence,” including causation
- affirming summary judgment where the 19 plaintiff presented “no admissible medical testimony to support his claim that exposure to 20 diesel fumes caused him to develop RADS”
- “Toxic tort cases . . . are won or lost on the strength of the scientific evidence presented to prove causation.”
- to prevail on a FELA claim, a plaintiff must prove the traditional common law elements of negligence: duty, breach, foreseeability, and causation
- in a FELA case involving allegations of injury due to chemical exposure, the plaintiff must show specific causation through expert testimony
Source: CourtListener parenthetical corpus (CC0).
Judges: Ruffin, Blackburn, Bernes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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