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Tootle v. CSX Transportation, Inc.

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  • Tootle v. CSX Transportation, Inc.

    Date Decided: Sep 3rd, 2010
    Decided By: Georgia Southern District Court (Federal)
    Court: S.D.Ga.
    Citation: 2010 WL 4269119 (S.D.Ga.)

    Plaintiff, arailroad worker, brought this action against her employer, CSX Transportation(CSX), pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. 51 et seq. Plaintiff was employed as a utility worker, where one of herprimary duties was to clean the locomotives. Plaintiff's job required her to raise her hands above herhead for periods of time lasting up to 15 minutes. Plaintiff soon experienced shoulder pain and underwent aseries of shoulder surgeries throughout a ten-year period. Plaintiff's specific allegations ofnegligence include CSX's failure to provide her with adequate equipment andassistance to safely perform the duties required of her position, as well asthe railroad's failure to warn her about the potential dangers of herposition. CSX moved for summaryjudgment on the grounds that Plaintiff did not adduce any evidence that therailroad breached its duty under FELA to provide Plaintiff with a reasonablysafe working environment. Plaintiff asserted that the employer could have employed a safer methodfor performing her job, which would have reduced her injuries.