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THAXTON v. NORFOLK SOUTHERN RAILWAY COMPANY et al. 

After Larry Thaxton was diagnosed with lung cancer, he brought this suit against Norfolk Southern Railway Company and its subsidiary, Alabama Great Southern Railway Company, alleging injury from second-hand smoke. He sued the defendants under the Federal Employers' Liability Act ("FELA"), 45 USC 51 et seq., claiming that his cancer was caused by the environmental tobacco smoke generated by his co-workers when he stayed in sleeping trailers while working on the railroad's tracks and railyards. After the complaint was filed, Larry Thaxton died. His widow moved to add Norfolk Southern Corporation ("NSC") and Norfolk & Western Railway Company as defendants. The trial court denied the motion, and we granted the interlocutory application to determine whether the court's denial of the motion to add these parties was proper. For the following reasons, we reverse. . . .

DECIDED JULY 8, 1999.

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