Ga. Appeals Court Revives Slip-And-Fall Suit Against Rail Biz

By Jonathan Capriel (September 28, 2021, 5:26 PM EDT) -- A Georgia state appeals court has renewed a worker's slip-and-fall lawsuit against Norfolk Southern Railway Co., finding the trial judge's order, which dismissed her suit entirely because she wasn't an employee, failed to address her specific common law negligence claim.

The three-judge panel said the lower court soundly concluded Donna Fross can't make a claim under the railroad section of the Federal Employers' Liability Act because she wasn't an employee of Norfolk Southern.

However, the trial judge "mistakenly" turned Fross' motion for partial summary judgment — only meant to settle her employment status — into full dismissal and erroneously closed the...

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