DAVID CHAMBERS, ET AL. V. ILLINOIS CENTRAL RAILROAD COMPANY - Articles

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Posted by: Tanja Trezise on May 5, 2015

Court: TN Court of Appeals

Attorneys 1:

Kristina Alicia Woo and Robert L. J. Spence, Jr., Memphis, Tennessee, for the appellant, David Chambers and Mildred Chambers.

Attorneys 2:

Andrew Shuler DeShazo and Stephanie Camille Reifers, Memphis, Tennessee, for the appellee, Illinois Central Railroad Company.

Judge(s): DINKINS

This appeal arises out of a negligence action brought against a railroad for damage to the plaintiffs’ home and storage building during a flood in and around Memphis, Tennessee. Railroad moved for summary judgment on the ground that the negligence claim was preemptioned by federal law and that plaintiff could not prove causation. The trial court initially denied the railroad’s motion but, on reconsideration, granted summary judgment; plaintiffs appealed. We reverse the grant of summary judgment and remand for further proceedings.

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