NORFOLK SOUTHERN RY. CO. v. EVERETT

No. A09A0003.

682 S.E.2d 621 (2009)

299 Ga. App. 420

NORFOLK SOUTHERN RAILWAY COMPANY v. EVERETT.

Court of Appeals of Georgia.

Reconsideration Denied July 29, 2009.

Certiorari Denied November 2, 2009.


Attorney(s) appearing for the Case

Weissman, Nowack, Curry & Wilco, William C. Thompson, Atlanta, for appellant.

Warshauer, Poe & Thornton, Michael J. Warshauer, Lyle G. Washauer, Atlanta, for appellee.


DOYLE, Judge.

In this action under the Federal Employers' Liability Act ("FELA"), Norfolk Southern Railway Company appeals the trial court's denial of its motion for summary judgment on Michael Everett's claim for emotional damages arising out of a train derailment and collision into a building. Because the trial court correctly concluded that Everett was within the zone of danger caused by the derailment, we affirm.

Summary judgment is appropriate when there...

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