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Norfolk S. Ry. Co. v. Everett

The whole Court of Appeals affirmed the judgment for the plaintiff on his complaint against a railway company for emotional injuries arising out of a train derailment due to a co-worker's negligence while the plaintiff was working as the train's engineer.

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In this suit under the Federal Employers’ Liability Act “FELA”, 45 USC § 51 et seq., Norfolk Southern Railway Company “Norfolk Southern” appeals from the final judgment in favor of Michael Everett on his complaint for emotional injuries arising out of a train derailment caused by the negligence of a co-worker while Everett was working as the train’s engineer. For the reasons given in Divisions 1 and 2, infra, we affirm.

This case is before us following remand by the Supreme Court of Georgia. Everett v. Norfolk Southern R. Co., 292 Ga. 106 734 SE2d 388 2012 Norfolk III. The Supreme Court recounted the procedural history of this case as follows:

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