Kitchen v. CSX Transportation, Inc.

CLARK, Senior Circuit Judge:

This is a wrongful death action arising out of an automobile accident that occurred in May of 1988 while the deceased, John David Kitchen, was traveling on a county road in Elbert County, Georgia. Plaintiffs, the parents of the deceased and the personal representative of the estate of the deceased, filed this lawsuit against Elbert County; Billy Ray Brown, the Chairman of the Elbert County Board of Commissioners; William B. Smith, the Road Superintendent for Elbert County; and others. The district court found that Elbert County, Brown, and Smith (the “Elbert County…