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Freitick v. SMS Rail Lines

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  • Freitick v. SMS Rail Lines

    Date Decided: Sep 17th, 2010
    Decided By: Pennsylvania Eastern District Court (Federal)
    Court: E.D.Pa.
    Citation: 2010 WL 3656039

    Plaintiff, arailroad worker, brought this action against his employer, SMS Rail Lines("SMS"), pursuant to the Federal Employer's Liability Act (FELA), 45 U.S.C. 51 et seq. to recover damages allegedlycaused when he suffered a severe hand laceration when a railroad tie flew upand struck him while he was working on the rail line. Plaintiff was injured while in the process of setting thetrack when a steel spike "shot out of the tie." Plaintiff alleged that SMS was negligent because SMS neverofficially trained him pursuant to their own safety guidelines. Plaintiff alleged that had he beenaware that he was required to wear protective gloves, he would have in fact soworn them and he may not have sustained his injuries. Plaintiff argues that "despite the potential dangerassociated with manually setting spikes, SMS Rail Lines never clearly informedor trained the Plaintiff to wear work gloves at all times." Defendant, SMS, filed a motion for summaryjudgment. Defendant alleged thatthe plaintiff was solely at fault because the injury was purportedly caused byplaintiff's own swinging motion and lack of care.