Norfolk Southern Railway Co. v. Everett

ELLINGTON, Presiding Judge.

In this suit under the Federal Employers’ Liability Act (“FELA”), 45 USC § 51 et seq., Norfolk Southern Railway Company (“Norfolk Southern”) appeals from the final judgment in favor of Michael Everett on his complaint for emotional injuries arising out of a train derailment caused by the negligence of a co-worker while Everett was working as the train’s engineer. For the reasons given in Divisions 1 and 2, infra, we affirm.

This case is before us following remand by the Supreme Court of Georgia. Everett v. Norfolk Southern R. Co., 292 Ga. 106 (734 SE2d 388) (2012)…