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GOSS v. ALABAMA GREAT SOUTHERN R.R.

No. A06A0150.

632 S.E.2d 479 (2006)

279 Ga. App. 720

GOSS v. ALABAMA GREAT SOUTHERN RAILROAD.

Court of Appeals of Georgia.

Certiorari Denied October 2, 2006.

Attorney(s) appearing for the Case

Warshauer, Thomas, Thornton & Rogers, Michael J. Warshauer, Lyle G. Warshauer, Bradford W. Thomas, Atlanta, for appellant.

Hall, Bloch, Garland & Meyer, F. Kennedy Hall, John E. Hall IV, Mark E. Toth, Macon, for appellee.

Wettermark, Holland, Keith & Barber, James H. Wettermark, Birmingham, AL, amicus curiae.

MILLER, Judge.

Clyde Goss was injured during the course of his employment with Alabama Great Southern Railroad ("AGSR") when a ladder rung broke while he was climbing the side ladder of a rail car. Pursuant to the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("FELA"), Goss sued AGSR in the Superior Court of Bibb County, claiming that he was injured as a result of AGSR's negligence and its violation of the Safety Appliance Act, 49 U.S.C. § 20302...

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