Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Norfolk S. Ry. Co. v. Zeagler

A railway company was not entitled to summary judgment in a conductor's suit for injuries arising from a grade-crossing collision.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The plaintiff in this case, William Zeagler, was a train conductor employed by the defendant Norfolk Southern Railway Company “Norfolk Southern”. Zeagler was injured when the train on which he was working collided with a logging truck at a grade crossing. He sued Norfolk Southern under the Federal Employers’ Liability Act “FELA”, 45 USC § 51 et seq., claiming that the railroad negligently failed to train him on how to avoid or mitigate injury in the event of a grade-crossing collision. The trial court granted summary judgment to Norfolk Southern after concluding that the railroad had no duty to train its employees on what to do when a grade-crossing collision is imminent. The Court of Appeals reversed that judgment, see Zeagler v. Norfolk S. R. Co., 317 Ga. App. 302 730 SE2d 657 2012, and this Court granted certiorari to consider two questions: 1 whether the Court of Appeals erred in reversing the trial court’s order granting summary judgment in favor of Norfolk Southern; and 2 whether Zeagler’s failure-to-train claim is preempted or precluded by Federal Railroad Administration regulations.

We conclude that the answer to both questions is no. First, the Court of Appeals did not err in reversing the trial court’s summary judgment order. Under FELA, Norfolk Southern has a legal duty to use reasonable care in providing a safe workplace for its employees, which includes providing them with such training as is reasonable regarding how to avoid or reduce injury from reasonably foreseeable workplace hazards. It is undisputed that grade-crossing accidents are entirely foreseeable workplace hazards for train conductors, and thus Norfolk Southern had a duty to provide Zeagler with whatever training is reasonably appropriate to protect him from injury in such accidents.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
Go to Events Go to Webcasts
Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements