Jump To Navigation

Case Law

Parson v. CSX Transportation, Inc.

Date Decided: May 27th, 2010
Originally Filed in: Ohio (federal)
Decided by: Ohio Northern District Court (Federal)
Court: N.D. Ohio
Judge: Carr
Citation: 714 F.Supp. 2d 839 (N.D. Ohio 2010)


This is a case under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq.  The Plaintiff claimed to have suffered knee injuries as a result of uneven surface conditions in the areas where she worked for the defendant, CSX Transportation (CSX).  Specifically, plaintiff's job required her to walk on the ballast (rock) along the sides of the railroad tracks.  Plaintiff alleges that the ballast was lumpy, uneven, and narrow, and that she had to "put one foot in front of the other in order to not twist yourself."  Plaintiff alleged that the uneven surface was often caused by water, mud, and holes underneath the ballast, and the ballast was negligently applied over the unsafe terrain.  Defendant brought a motion for summary judgment, alleging that the plaintiff provided no proof that CSX was negligent, and that one of the plaintiff's injuries was barred by the statute of limitations.  


Is summary judgment proper, in a FELA case, when the plaintiff asserts that she was injured due to unevenly applied ballast over workplace walking areas caused her injuries?


No, the court denied the defendant's motion for summary judgment.  The Court found that the plaintiff submitted evidence (of her own observations) that she encountered unreasonably uneven walking conditions.  Plaintiff did provide specific evidence that there was debris between the rails and water and mud in the yard, and when the defendant put ballast down, it did not smooth out the ground underneath or fill in the holes.  The court contrasted this evidence with an assertion that the conditions she was confronted with were merely "part of the work" environment for which an employer is not expected to correct.    


A plaintiff may survive a motion for summary judgment, in a FELA case, when she provides evidence that uneven ballast created an unreasonably dangerous work condition.  



Overall issues discussed or touched upon by this case:
Free Case Evaluation Form Talk to a Lawyer Now
Please complete the math to prove you are not a robot:
in-depth overview FELA click here


In re Ricky Joe Jones, Cheryl Ann Jones, Debtors

Date Decided: Jan 25th, 2011
Decided By: U.S. Court of Appeals, Tenth Circuit(Bankruptcy) (Federal) read more

Leandrew Lewis v. CSX Transportation, Inc.

Date Decided: Mar 10th, 2011
Decided By: Ohio Southern District Court (Federal) read more

Subscribe to Case Law Feed


Train Carrying Crude Oil Derails Causing Explosion & Fire in Alabama Wetlands

 ALICEVILLE, AL – A train carrying tanker cars full of crude oil derailed on November 8 causing an explosion and fire in a wetlands area just outside Aliceville, AL. The city of Aliceville is... read more

Railroad Worker Injured in Midvale, Utah TRAX Train Crash

 MIDVALE, UT – A TRAX commuter train crashed into an empty passenger car that was sitting on the tracks on November 6, derailing the train and injuring two passengers and a railroad employee in... read more

CSX Train Derails in Millcreek Township, PA

 MILLCREEK TOWNSHIP, PA – Four CSX rail cars full of construction debris derailed in Millcreek Township, PA on November 1, causing traffic delays at several intersections. Millcreek Township is... read more

Three CSX Railroad Workers One Motorist Injured at Bradner, OH Rail Crossing

 BRADNER, OH – Three CSX railroad employees were injured at a rail crossing just south of Bradner, OH on October 28, when a motorist drove around construction barriers and hit a utility pole and... read more

Subscribe RSS
Attorneys Refer your cases here

Toll-Free: 800-773-6770
Local: 713-668-9999
Fax: 713-668-1980
1811 Bering Drive, Suite 300
Houston, TX 77057

Of Counsel Offices

David Lockard
15 W Highland Ave
Philadelphia, PA 19118

Fred Bremseth
Minnesota Office
601 Carlson Parkway
Suite 995
Minnetonka, Minnesota 55305

Montana Office
100 North 27th Street
Suite 220
Billings, Montana 59101