Renfrow v. Norfolk S. Ry. Co.
Annotate this CaseGerald Renfrow worked for Northern Southern Railway Company as a brakeman for approximately twenty-five years. Gerald, who smoked a pack and a half of cigarettes every day for fifty years, died in 2011 after a battle with lung cancer. Gerald’s widow, Cleo Renfrow, sued Norfolk Southern, alleging that Gerald’s asbestos exposure at Norfolk Southern caused him to develop lung cancer. Norfolk Southern filed a motion to administratively dismiss the complaint, arguing that Cleo failed to proffer the necessary prima facie evidence in support of the claims. The trial court denied the motion for administrative dismissal. The court of appeals affirmed, determining that Cleo had provided sufficient evidence to prevent an administrative dismissal of the action. The Supreme Court reversed, holding that Cleo failed to make the prima facie showing required to withstand administrative dismissal of her tort action alleging an asbestos claim based on lung cancer.
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