Tennie Martin, et.al. v. Southern Railway Company, et.al.

OPINION

in which WILLIAM M. BARKER, CORNELIA A. CLARK, and GARY R. WADE joined. WILLIAM C. KOCH, JR., JJ., concurring in part.

This case comes before .us on an appeal of the trial court’s grant of summary judgment in favor of the defendants. Because the plaintiffs have established the existence of several genuine issues of material fact, we conclude that summary judgment is inappropriate. We further conclude that the trial court did not err in excluding evidence of a defendant’s subsequent remedial measures. We therefore reverse the trial court’s judgment and remand for further proceedings.

I.…