Nobles v. Talley

EDMUNDS, Judge.

Plaintiffs Billy Ray and Carolyn Nobles appeal the trial court’s grant of defendant CSX Transportation, Inc.’s (CSX) motion for on all of plaintiffs’ negligence claims. We affirm in part and reverse in part.

Plaintiff Billy Ray Nobles (Nobles) was an employee of defendant CSX, an interstate railroad carrier. On 10 June 1994, Nobles was part of a crew being driven in a van owned and operated by third-party defendant D&T Limousine Service, Inc. (D&T), which was under contract with CSX. The van was being driven by James Voliva east on Interstate 40 from Rocky Mount to Wilmington.…