Anthony Pearson, Sr., et al v. CSX Transportation Co.

[ DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-16507
Non-Argument Calendar
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D.C. Docket No. 5:11-cv-00100-LGW-JEG
ANTHONY PEARSON, SR.,
OLIVIA PEARSON,
As parents of Anthony Pearson, Jr.,
Plaintiffs-Appellants,
versus
CSX TRANSPORTATION CO.,
Defendant -Appellee.
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Appeal from the United States District Court
for the Southern District of Georgia
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(July 11, 2013)
Before MARTIN, HILL, and FAY, Circuit Judges.
Case: 12-16507 Date Filed: 07/11/2013 Page: 1 of 2

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PER CURIAM:
This is an appeal from the grant of defendant-appellee=s, CSX
Transportation Co. (CSXT), motion for summary judgment against plaintiffs-
appellants, Anthony Pearson, Sr. and Olivia Pearson, on their wrongful death claim
for the death of their son, Anthony Pearson, Jr., at a railroad crossing.
We have independently reviewed the record in this appeal, the briefs, and
the arguments of counsel. In a thorough, well-reasoned decision, we find that the
district court properly granted summary judgment to CSXT on the Pearsons’s
claims on the basis of the overwhelming evidence.
There is no evidentiary support that CSXT was negligent in any way, as the
district court so found. The district court also correctly determined that the sole
proximate cause of the Pearsons’s son=s tragic death was his own reckless conduct.
Finding no error, we affirm the judgment of the district court.
AFFIRMED.
Case: 12-16507 Date Filed: 07/11/2013 Page: 2 of 2

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