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SMITH v. NORFOLK SOUTHERN R. CO., INC.

Civil Action No. 10-0643-WS-B.

767 F.Supp.2d 1276 (2011)

Wade SMITH, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, INC., Defendant.

United States District Court, S.D. Alabama, Northern Division.

February 8, 2011.

Attorney(s) appearing for the Case

Danny West Crenshaw, Selma, AL, for Plaintiff.

John Mark Graham, Steve Alan Tucker, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, AL, for Defendant.

ORDER

WILLIAM H. STEELE, Chief Judge.

This matter comes before the Court on defendant's Motion to Dismiss (doc. 8). The Motion has been briefed and is now ripe for disposition.

I. Relevant Background.

On October 15, 2009, plaintiff, Wade Smith, by and through counsel, filed suit in the Circuit Court of Dallas County, Alabama, against Norfolk Southern Railway Company, Inc., concerning a vehicle/train collision that had occurred on October...

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