Legal Opinion
Michael v. Norfolk Southern Railway Co.
Court of Appeals for the Eleventh Circuit
Decided February 6, 1996No. 94-9373, 94-9374PublishedCited by 41 opinions
1Opinion of the Court
FAY, Senior Circuit Judge:
This appeal arises from a summary judgment in favor of the defendant, Norfolk Southern Railway Company. Norfolk was sued by representatives of an automobile driver and passenger who were killed in a collision with a Norfolk train. The District Court ruled that the automobile driver was the sole proximate cause of the accident, and that the plaintiffs’ state law negligence claims were preempted by federal law. We REVERSE and REMAND for further proceedings consistent with this opinion.
I. BACKGROUND
On December 23, 1990, a train owned and operated by Norfolk collided…
2Cases cited11 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Augusta Iron and Steel Works, Inc., Cross-Appellant v. Employers Insurance of Wausau, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1988
- Mrs. Lizzie Beatrice Easterwood v. Csx Transportation, Inc.Court of Appeals for the Eleventh Circuit · 1991
- Isom v. SchettinoCourt of Appeals of Georgia · 1973
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Akin v. Missouri Pacific RailroadSupreme Court of Oklahoma · 1998
- Union Pacific Railroad v. SharpSupreme Court of Arkansas · 1997
- O'Bannon Ex Rel. O'Bannon v. Union Pacific RailroadDistrict Court, W.D. Missouri · 1997
- Anderson v. Wisconsin Central Transportation Co.District Court, E.D. Wisconsin · 2004
- Bashir v. National RR Passenger Corp.(Amtrak)District Court, S.D. Florida · 1996
36 more not listed; retrieve them via the Exa API.