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Norfolk Southern Railway Company v. Denson6/16/2000
ced with an imminent collision, because, he stated, he "found that that is a good place to go ... when ... a truck is about to cause a collision with train." (Reporter's Transcript, at 376.) In short, there was a complete failure of proof as to the existence of a duty on the part of Norfolk Southern to instruct these plaintiffs in any manner material to this case.
Given the way these cases are postured, we refuse to hold that Norfolk Southern had a duty to instruct Martin and Denson to go to the vestibule -- the area of the locomotive nearest the point of impact. Consequently, the trial court erred in denying Norfolk Southern's motion for a judgment as a matter of law on the plaintiffs' claim alleging the breach of such a duty.
III. Conclusion
The judgments of the trial court are reversed, and these causes are remanded for disposition consistent with this opinion. 1981364 --
REVERSED AND REMANDED.
1981365 -- REVERSED AND REMANDED.
Hooper, C.J., and Maddox, Houston, Lyons, Brown, Johnstone, and England, JJ., concur.
See, J., concurs in the result.
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