Ex Parte CSX Transp., Inc.

Shamalita Franklin, Daphne Johnson, Genny Ervin, and Florene Hanserd-Yarbrough1 appealed to this Court from a summary judgment entered in favor of CSX Transportation, Inc., and the City of Athens. We transferred the appeal to the Court of Civil Appeals pursuant to § 12-2-7(6), Ala. Code 1975. The Court of Civil Appeals reversed the judgment. Franklin v. City ofAthens, 938 So.2d 950 (Ala.Civ.App. 2005). We granted certiorari review; we now affirm.

I. Facts and Procedural History

The Court of Civil Appeals stated the facts and procedural history as follows:

"On June 13, 2002, the plaintiffs filed…