DECUBAS v. NORFOLK SOUTHERN CORPORATION

A89A0888.

193 Ga. App. 387 (1989)

388 S.E.2d 336

DECUBAS et al. v. NORFOLK SOUTHERN CORPORATION et al.

Court of Appeals of Georgia.

Rehearing Denied November 6, 1989.


Attorney(s) appearing for the Case

Taylor & Harp, J. Anderson Harp, Jefferson C. Callier, for appellants.

Blackburn, Bright, Edwards & Dodd, J. Converse Bright, Richard J. Joseph, for appellees.


BENHAM, Judge.

Appellants brought suit for wrongful death in two counts, the first based on the Federal Employers' Liability Act (FELA), 45 USCA § 51 et seq., and the second on negligence. A trial was held solely to decide whether the deceased was an employee of the defendant railroad, the outcome of which was to decide whether the case proceeded as an FELA action or as a wrongful death action based on Georgia law. The jury found that the deceased was an employee...

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