Barnett v. Norfolk Southern Railway Co.

MONROE, Judge.

Mae Barnett appeals from a summary judgment in favor of Norfolk Southern Railway Company and train engineer J.K. Kill-ingsworth. Barnett appealed to the Alabama Supreme Court, which deflected it to this court pursuant to § 12-2-7(6), Ala.Code 1975.

The accident giving rise to this action occurred in Calhoun County at about 1:35 p.m. on December 6, 1992, at the intersection of Milligan Street and Norfolk Southern’s mainline track from Birmingham to Atlanta. Mae Barnett was a passenger in a pickup truck driven northbound by Lewis White. A coal train with five locomotives and 97…