Laster Ex Rel. Laster v. Norfolk Southern Railway Co.

On Application for Rehearing

SEE, Justice.

This Court’s opinion of January 5, 2007, is withdrawn, and the following is substituted therefor.

James E. Laster, Jr., a minor (“James”), by and through his parents and next friends, James E. Laster, Sr., and Gloria Laster, and James E. Laster, Sr., and Gloria Laster, individually, appeal a summary judgment in favor of Norfolk Southern Railway Company, Inc., and the Alabama Great Southern Railway Company. Because there are no genuine issues of material fact as to whether the railroads violated any duty to James, we affirm the summary judgment.

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