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Midville River Tract LLC v. Central of GA R.R. Co.

Federal law preempted plaintiff's negligence claims against railroad companies arising after a train derailed and caused a chemical spill on plaintiff's property.

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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 claims were preempted by federal law and, alternatively, that its measure of damages was speculative and failed as a matter of law. We agree with the trial court that Midville’s claims are preempted by federal law and, accordingly, we affirm.

This Court reviews de novo the trial court’s decision to grant a motion for summary judgment. See Howell v. Normal Life of Ga., Inc., 337 Ga. App. 774, 775 788 SE2d 840 2016. We construe the evidence in the light most favorable to Midville, and we affirm if there is no genuine issue as to any material fact and . . . the moving party is entitled to a judgment as a matter of law. OCGA § 9-11-56 c; see id.

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