Town of Register v. Fortner

SMITH, Presiding Judge.

In Fortner v. Town of Register, 278 Ga. 625 (604 SE2d 175) (2004), the Georgia Supreme Court reversed the judgment of this court in Town of Register v. Fortner, 262 Ga. App. 507 (586 SE2d 54) (2003), which more fully sets out the facts of this case. The Supreme Court concluded that the common law action against the town and Ogeechee Railway was not precluded either by OCGA § 32-6-51 (b) (3) in particular or by the Georgia Code of Public Transportation in general. On remand, we vacate our judgment and make the judgment of the Supreme Court the judgment of this court, and…