Reginald Leon Garner, a Minor by His Mother and Next Friend, Bossie Mae Garner, and Bossie Mae Garner, Individually v. Missouri-Pacific Lines

PHILLIPS, Circuit Judge.

This case arose as a result of an injury to a thirteen-year old boy who fell beneath a freight train in Memphis, Tennessee. The railroad moved for summary judgment under Rule 56, Fed.R. Civ.P. Appellant, who sues by his mother as next friend, moved for a dismissal of the action without prejudice under Rule 41(a) (2), Fed.R.Civ.P. The District Court denied appellant’s motion to dismiss and granted summary judgment to the railroad. For the reasons set out below, we reverse the summary judgment and remand the case for further proceedings.

Appellant, along with several…