Dawson v. Norfolk & Western Railway Co.

Norfolk and Western Railway Company appeals a summary judgment order of the Circuit Court of Wayne County dismissing its third party complaint against Pen Coal Corporation. On appeal, the railway asserts that material issues concerning the responsibility for the underlying October 8,1991 accident between a train and a coal truck preclude the granting of summary judgment. Because our examination of the record shows unresolved questions of responsibility created by disputed material facts, we reverse the order of the circuit court and remand the case for further proceedings.

I

BACKGROUND

Although…