United States Eleventh Circuit

Denial of plaintiff's Rule 60(b) motion and grant of summary judgment to defendants on plaintiff's Federal Employer's Liability Act claim is affirmed where the district court: 1) did not err in granting summary judgment to the defendants on the basis that the subsidiary defendant is not a common carrier and is not the alter ego of defendant parent company; and 2) did not abuse its discretion in denying plaintiff's Rule 60(b) motion as the Federal Railroad Administration letter did not constitute "newly discovered evidence" which would entitle plaintiff to relief from the district court's prior summary judgment order.

Appellate Information

• Decided 12/12/2006
• Published 12/12/2006

Judges

• DUBINA, Circuit Judge:, Before ANDERSON and DUBINA, Circuit Judges, and VINSON, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• J. Harry Blalock, Blalock & Blalock, P.C., Birmingham, Al, for Willard.


• For Appellees:
  
• Michael Keith Gann, Huie, Fernambucq & Stewart, Birmingham, AL, for Defendants-Appellees.