Norfolk Southern Railway Co. v. Everett

While I concur fully with the dissent of Judge Doyle, I write separately to emphasize the explicit holding of Norfolk Southern R. Co. v. Everett, 299 Ga. App. 420 (682 SE2d 621) (2009) (“Norfolk /”) is the law of the case. In light of the trial court’s finding, this Court in Norfolk I, supra, 299 Ga. App. at 420, 423, held that “the trial court correctly concluded that Everett was within the zone of danger caused by the [train] derailment” as a matter of law. Whether rightly or wrongly decided, the train has already left the station and this Court’s holding in Norfolk I established the law of…