David Lee Archie, by His Mother Juanita Archie v. Illinois Central Gulf Railroad Company, a Corporation

This Mississippi diversity case comes to us on plaintiff David Lee Archie’s appeal from the district court’s summary judgment in favor of the defendant railroad. Because we find that this case presents material questions of disputed fact, we vacate the district court’s judgment and remand for further proceedings.

In reviewing a district court’s grant of summary judgment, we are required to consider the evidence “in the light most favorable to the party resisting the motion.” Trevino v. Celanese Corp., 701 F.2d 397, 407 (5th Cir.1983); accord, Fed.R.Civ.P. 56. The following account therefore…