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Smith v. CSX Transportation, Inc.

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  • Smith v. CSX Transportation, Inc.

    Date Decided: Oct 23rd, 2010
    Decided By: Georgia Court of Appeals (State)
    Court: Court of Appeals of Georgia
    Citation: 306 Ga. App. 897

    Plaintiff, arailroad employee, was injured when he slipped and fell on a stairway while hewas attending a mandatory safety meeting on his employer's premises. Plaintiff brought this claim pursuantto the Federal Employees Liability Act, 45 USC 51 et seq. (FELA), against his employer, CSX Transportation (CSX),alleging that he was injured because CSX breached its duty to provide areasonably safe place to work. Plaintiff's claim rested on two assertions: (1) that his fall was causedby a small puddle of liquid soap that was spilled on the stairway, and (2) thatCSX violated an OSHA safety regulation because the stairs did not have therequired non-slip coating as required by federal law. At trial, the jury found for CSX. Plaintiff appealed on the grounds that the trial court erredwhen it refused to instruct the jury on the federal OSHA safetyrequirements.