Norfolk Southern Railway Company v. Clark, 5:16-CV-107(MTT). (2018)
Court: District Court, M.D. Georgia
Number: infdco20180516d95
Visitors: 2
Filed: May 15, 2018
Latest Update: May 15, 2018
Summary: ORDER MARC T. TREADWELL , District Judge . At the May 11, 2018 hearing, the Court heard oral arguments from the parties regarding their respective motions for summary judgment. With regard to Plaintiff Norfolk Southern Railway Company's motion for partial summary judgment (Doc. 29), the parties have stipulated that Defendant Frederick J. Clark will not defend against Norfolk Southern's property damage claim or prosecute his Federal Employers' Liability Act ("FELA") claim based upon any the
Summary: ORDER MARC T. TREADWELL , District Judge . At the May 11, 2018 hearing, the Court heard oral arguments from the parties regarding their respective motions for summary judgment. With regard to Plaintiff Norfolk Southern Railway Company's motion for partial summary judgment (Doc. 29), the parties have stipulated that Defendant Frederick J. Clark will not defend against Norfolk Southern's property damage claim or prosecute his Federal Employers' Liability Act ("FELA") claim based upon any theo..
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ORDER
MARC T. TREADWELL, District Judge.
At the May 11, 2018 hearing, the Court heard oral arguments from the parties regarding their respective motions for summary judgment. With regard to Plaintiff Norfolk Southern Railway Company's motion for partial summary judgment (Doc. 29), the parties have stipulated that Defendant Frederick J. Clark will not defend against Norfolk Southern's property damage claim or prosecute his Federal Employers' Liability Act ("FELA") claim based upon any theory of negligence relating to the method of operation used by Norfolk Southern to control the trains on the track where the collision occurred or the issuance and terms of the track authority.1 As discussed at the lengthy hearing, numerous factual issues exist regarding the parties' negligence and the consequences of their negligence.
Accordingly, the Court hereby GRANTS Norfolk Southern's motion for partial summary judgment (Doc. 29) and DENIES Clark's motions for summary judgment (Docs. 37; 38), with the exception of Clark's motion for summary judgment on the issue of whether the FELA preempts Norfolk Southern's state law property damage claim.2
SO ORDERED.
FootNotes
1. At the hearing, counsel for Norfolk Southern acknowledged that the alleged negligence of Romenski L. Williams, the conductor of train 208, is imputable to Norfolk Southern.
2. The Court will address this issue in a separate order.
Source: Leagle
