How far does a railroad’s duty of care extend? According to a recent 2-1 Court of Appeals opinion authored by Judge Brian Rickman reversing a trial court’s decision against granting summary judgment in favor of CSX Transportation, represented Daryl Clarida of Macon-based Hall Bloch Garland & Meyer, not very.
In his dissent, Presiding Judge Christopher McFadden took issue with how narrowly the panel construed the evidence, reasoning that, because the risk of an improperly parked car is higher than a properly parked car, the railroad should have been considered negligent.
Brent Savage Jr. of Savage, Turner, Pinckney, Savage & Sprouse. (Courtesy photo)
