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Nizio v. CSX Transportation, Inc.

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  • Nizio v. CSX Transportation, Inc.

    Date Decided: Oct 21st, 2010
    Decided By: Ohio Northern District Court (Federal)
    Court: N.D.Ohio
    Citation: 2010 WL 4255953

    Plaintiff, a train conductor, brought this FELA action against his employer, CSX Transportation ("CSX") for injuries that allegedly occurred over a long period of time; which eventually manifested into carpel tunnel syndrome for the plaintiff. Plaintiff alleged that CSX was negligent over a course of years because CSX failed to provide him with adequate tools, manpower, and a comprehensive safety program to prevent or reduce the risk of carpel tunnel syndrome. Plaintiff alleges this negligence caused his carpel tunnel syndrome. CSX filed this motion for summary judgment. Plaintiff alleged during the time he worked as a yard conductor, that two or fewer workers were assigned to perform his similar duties. In addition, plaintiff alleged that he made multiple complaints over the course of time when his injuries were developing. In contrast, the defendant alleged more workers were assigned to perform the mentioned duties. With respect to the need for a safety program, the defendant stated that there was no need for a safety program because a carpel tunnel problem does not exist.