Norman Brown, who used a walker because of gout, fell and was injured as he boarded a crowded MARTA train at Georgia State station and it departed. He said the train pulled away fast; MARTA’s evidence was that it accelerated within normal limits. Brown sued for ordinary negligence and negligence per se, alleging that MARTA failed to give him time to secure himself and breached its statutory duty of extraordinary diligence. The trial court denied summary judgment, finding jury questions. On MARTA’s interlocutory appeal, the Court of Appeals held that a MARTA train is like a streetcar: it need not wait for passengers to find seats. For ordinary negligence, Brown had to show the movement was both sudden and violent and unusual and unnecessary; he offered no evidence contradicting MARTA’s normal-acceleration evidence. His speculation and MARTA’s lack of a departure-delay policy also did not establish a statutory breach. The court reversed the denial of summary judgment on both claims.