GWB Attorney Greg Sloan Attains Summary Judgment for Class 1 Railroad Client in FELA Case
GWB attorney Greg Sloan attained summary judgment for a Class 1 railroad client in a FELA Case. The plaintiff was employed by the railroad as an engineer. He alleged FELA violations, as well as violations of the Locomotive Inspection Act and Rail Safety Improvement Act of 2008. Plaintiff claimed he suffered an aggravation of a pre-existing brain injury, as well as a debilitating sleep disorder, as a result of alleged hours of service violations and the stress associated with his work. Plaintiff also claimed he was not capable of performing the duties of an engineer due to his pre-existing brain injury; therefore, GWB’s client was negligent in hiring him. Lastly, plaintiff claimed he developed bilateral carpal tunnel syndrome and right elbow epicondylitis as a result of repetitive motions necessary to operate locomotives.
Mr. Sloan and his Class 1 railroad client moved for summary judgment arguing:
- the plaintiff failed to file suit within the three year statute of limitations;
- failed to produce any evidence that Norfolk Southern violated the Locomotive Inspection Act and Rail Safety Improvement Act;
- failed to produce sufficient medical testimony supporting his injury claims;
- and Norfolk Southern only had a duty to use reasonable care in assigning plaintiff to a particular job as opposed to a general duty to ascertain whether plaintiff was physically fit for employment.
Relying on Fulk v. Illinois Cent. R. Co., Fletcher v. Union Pac. R. Co., Myers v. Ill. Cent. R.R. Co., Huffman v. Union Pac. R.R., McCann v. Ill. Cent. R.R., and Nemmers v. United States, the court agreed with Mr. Sloan’s arguments and dismissed plaintiff’s case.
Click here to read the court’s order granting the summary judgment.
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