Presiding Judge Christopher J. McFadden, Georgia Court of Appeals, who dissented in the case over a railroad's duty of car. (Courtesy photo). Ga. Court of Appeals Split Over Railroad's Duty in Claims Stemming From Negligent Parking
The plaintiffs indicate they intend to seek certiorari with the Supreme Court.
June 10, 2024 at 03:31 PM
4 minute read
What You Need to Know
- The employee of a railroad's customer was injured after he was thrown off what plaintiff's counsel argues was an improperly parked railcar.
- The defendants appealed denial of summary judgment, arguing they didn't have a duty to park the car in a specific place.
- Now the Court of Appeals, but is divided, with one judge arguing that the plaintiff met his burden to prove the rail company was negligent.
How far does a railroad's duty of care extend? According to a recent 2-1 Court of Appeals opinion authored by Judge Brian Rickman reversing a trial court's decision against granting summary judgment in favor of CSX Transportation, represented Daryl Clarida of Macon-based Hall Bloch Garland & Meyer, not very.
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