NORFOLK SOUTHERN RAILWAY COMPANY v. CLARK

Filing 49

ORDER GRANTING 29 Norfolk Southern's Motion for Partial Summary Judgment; and DENYING 37 and 38 Clark's Motions for Summary Judgment, 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, which will be addressed in a separate order. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/15/2018. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
NORFOLK SOUTHERN RAILWAY
COMPANY,
Plaintiff,
v.

FREDERICK J. CLARK
Defendant.

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CIVIL ACTION NO. 5:16-CV-107(MTT)

ORDER
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.

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.

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, this 15th day of May, 2018.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

2

The Court will address this issue in a separate order.

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