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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.