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Parson v. CSX Transportation, Inc.

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  • Parson v. CSX Transportation, Inc.

    Date Decided: May 27th, 2010
    Decided By: Ohio Northern District Court (Federal)
    Court: N.D. Ohio
    Citation: 714 F.Supp. 2d 839 (N.D. Ohio 2010)

    This is a case under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51 et seq. The Plaintiff claimed to have suffered knee injuries as a result of uneven surface conditions in the areas where she worked for the defendant, CSX Transportation (CSX). Specifically, plaintiff's job required her to walk on the ballast (rock) along the sides of the railroad tracks. Plaintiff alleges that the ballast was lumpy, uneven, and narrow, and that she had to "put one foot in front of the other in order to not twist yourself." Plaintiff alleged that the uneven surface was often caused by water, mud, and holes underneath the ballast, and the ballast was negligently applied over the unsafe terrain. Defendant brought a motion for summary judgment, alleging that the plaintiff provided no proof that CSX was negligent, and that one of the plaintiff's injuries was barred by the statute of limitations.