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COA rules on first impression railroad issue

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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.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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