Norfolk Southern Railway Co. v. Johnson

I respectfully dissent. For all the discussion of facts and law in the majority opinion, this case simply devolves to the Court’s substituting its opinion of what the evidence showed for the jury’s view, i.e., that Ronny P. Johnson’s testimony as to what occurred, corroborated as it was by other witnesses at the scene of the accident, “is belied by the ... photographic evidence presented by Norfolk Southern.” 75 So.3d at 642. The Court also improperly invades the province of the jury when it proceeds to weigh and to discard the testimony indicating that this photographic evidence did not…