MARTIN v. NORFOLK SOUTHERN RY. CO.

No. E2006-01021-SC-R11-CV

271 S.W.3d 76 (2008)

Tennie MARTIN et al. v. NORFOLK SOUTHERN RAILWAY COMPANY et al.

Supreme Court of Tennessee, at Knoxville.

November 14, 2008.


Attorney(s) appearing for the Case

Amy J. Farrar and Donald N. Capparella, Nashville, Tennessee, and J.D. Lee, Knoxville, Tennessee, for the Appellants, Tennie Martin and Roya Mitchell.

Emily L. Herman-Thompson and John William Baker, Jr., Knoxville, Tennessee, for the Appellees, Norfolk Southern Railway Company and Anthony D. Worley.

JANICE M. HOLDER, C.J., delivered the opinion of the court, in which WILLIAM M. BARKER, CORNELIA A. CLARK, and GARY R. WADE joined. WILLIAM C. KOCH, JR., JJ., concurring in part.


OPINION

This case comes before us on an appeal of the trial court's grant of summary judgment in favor of the defendants. Because the plaintiffs have established the existence of several genuine issues of material fact, we conclude that summary judgment is inappropriate. We further conclude that the trial court did not err in excluding evidence of a defendant's subsequent remedial measures. We therefore reverse the trial court's judgment and remand for further proceedings...

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