Legal Opinion

Norfolk Southern Railway Co. v. Everett

Court of Appeals of Georgia

Decided July 7, 2009No. A09A0003PublishedCited by 8 opinions

1Opinion of the Court

Doyle, Judge.

In this action under the Federal Employers’ Liability Act (“FELA”), Norfolk Southern Railway Company appeals the trial court’s denial of its motion for summary judgment on Michael Everett’s claim for emotional damages arising out of a train derailment and collision into a building. Because the trial court correctly concluded that Everett was within the zone of danger caused by the derailment, we affirm.

*421Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). “In reviewing the…

2Cases cited7 opinions

  1. Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
  2. Metro-North Commuter Railroad v. BuckleySupreme Court of the United States · 1997
  3. K.A.C. v. BensonSupreme Court of Minnesota · 1995
  4. Lisa M. Nelson v. Metro-North Commuter RailroadCourt of Appeals for the Second Circuit · 2000
  5. Jerald E. Bloom v. Consolidated Rail CorporationCourt of Appeals for the Third Circuit · 1994

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Everett v. Norfolk Southern Railway Co.Supreme Court of Georgia · 2012
  2. Norfolk Southern Railway Co. v. EverettCourt of Appeals of Georgia · 2011
  3. Norfolk Southern Railway Co. v. EverettCourt of Appeals of Georgia · 2013
  4. CONTOUR SIERRA, LLC v. COLETTE WILLIAMSCourt of Appeals of Georgia · 2023
  5. Norfolk Southern Railway Co. v. EverettCourt of Appeals of Georgia · 2011

3 more not listed; retrieve them via the Exa API.

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