ILNews

COA rules on first impression railroad issue

Back to TopCommentsE-mailPrintBookmark and Share

In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries he sustained while employed with a transportation company.

In Russell A. DeHahn v. CSX Transportation Inc., No. 79A02-0905-CV-443, CSX employee Russell DeHahn sued his employer claiming CSX was liable under the FELA for injuries he suffered while performing inspection duties. He had to walk on the outside of the track on the ends, in some areas that were covered with ballast - gravel placed in a roadbed to provide a firm surface for the track and to hold the track in line. Some of the ballast rolled out from under his feet, causing him to fall down an embankment and injure himself. The trial court granted summary judgment in favor of CSX because it found DeHahn's expert's report and affidavit weren't timely filed and couldn't be considered. The trial court didn't address CSX's other argument that his claim was preempted by the FRSA.

Outside of Indiana, other jurisdictions have split over whether FRSA regulations of ballast preclude a FELA-based claim premised upon a claim of unsafe ballast. The appellate court looked to the U.S. Supreme Court's ruling in CSX Transportation Inc. v. Easterwood, 507 U.S. 658 (1993), and cases from the Colorado Court of Appeals and Maryland Court of Special Appeals to rule the FRSA regulation of ballast doesn't "cover" DeHahn's FELA claim that CSX was negligent in its placement of ballast on top of the railroad ties. FRSA and FELA aren't in conflict and FRSA is more concerned with the safety of the train and prevention of derailments.

"In light of FELA's humanitarian purpose, and the liberal construction given to effectuate this humanitarian purpose, we cannot say that DeHahn's FELA claim that CSX was negligent by leaving ballast on top of crossties is precluded by FRSA regulations governing ballast," wrote Judge Paul Mathias.

There is also evidence, even if DeHahn's expert's report is still excluded, that is sufficient to preclude summary judgment. There is a genuine issue of material fact whether CSX was negligent in failing to remove the ballast from the crossties. The appellate court reversed summary judgment for CSX and remanded for further proceedings.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT