Midville River Tract LLC v. Central of Georgia Railroad Company

Rickman, Judge.

In November 2010, a train operated by Central of Georgia Railroad Company and partly owned by Norfolk Southern Railway Company (collectively, “the Railroads”) derailed near Midville, Georgia causing a chemical spill onto real property owned by Midville River Tract, LLC (“Midville”). Midville sued the Railroads for damages, alleging that the derailment was caused by an internal flaw in the track rail that necessarily resulted from negligence during the welding process of its construction. The trial court granted summary judgment to the Railroads after concluding that Midville’s…