Legal Opinion
Smith v. NORFOLK SOUTHERN R. CO., INC.
District Court, S.D. Alabama
Decided February 8, 2011No. Civil Action 10-0643-WS-BPublished
1Opinion of the Court
ORDER
WILLIAM H. STEELE, Chief Judge.
This matter comes before the Court on defendant’s Motion to Dismiss (doc. 8). The Motion has been briefed and is now ripe for disposition.
I. Relevant Background.
On October 15, 2009, plaintiff, Wade Smith, by and through counsel, filed suit in the Circuit Court of Dallas County, Alabama, against Norfolk Southern Railway Company, Inc., concerning a vehicle/train collision that had occurred on October 15, 2007. Smith maintains that Norfolk Southern’s employee or servant had negligently or wantonly operated its locomotive by failing to sound the horn or brake…
2Cases cited11 opinions
- Nicholas La Grasta, Domenico La Grasta, and Mauro La Grasta, on Behalf of Themselves and All Others Similarly Situated v. First Union Securities, Inc.Court of Appeals for the First Circuit · 2004
- Brotherhood of Locomotive Engineers & Trainmen General Committee of Adjustment CSX Transportation Northern Lines v. CSX Transportation, Inc.Court of Appeals for the Eleventh Circuit · 2008
- De-Gas, Inc. v. Midland ResourcesSupreme Court of Alabama · 1985
- Ward v. Saben Appliance Co.Supreme Court of Alabama · 1980
- Ex Parte East Alabama Mental HealthSupreme Court of Alabama · 2006
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