Decubas v. Norfolk Southern Corp.

Benham, Judge.

Appellants brought suit for wrongful death in two counts, the first based on the Federal Employers’ Liability Act (FELA), 45 USCA § 51 et seq., and the second on negligence. A trial was held solely to decide whether the deceased was an employee of the defendant railroad, the outcome of which was to decide whether the case proceeded as an FELA action or as a wrongful death action based on Georgia law. The jury found that the deceased was an employee of General Electric, not the railroad, effectively terminating the FELA action. Appellees then successfully sought removal of the…