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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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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