Norfolk Southern Corp. v. Decubas

Hunt, Justice.

We granted certiorari to the Court of Appeals in Decubas v. Norfolk Southern Corp., 193 Ga. App. 387 (388 SE2d 336) (1989) to review its reversal of a jury verdict on the issue of which entity was the employer of the deceased in this wrongful death action. The outcome of the trial decided whether the case would proceed as a Federal Employers’ Liability Act (FELA) action or a wrongful death action under Georgia law. The jury found the deceased was an employee of General Electric, not the railroad, thus terminating the FELA action.

The Court of Appeals held the trial court erred by…