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Wheeler v. Illinois Central Railroad Co.

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  • Wheeler v. Illinois Central Railroad Co.

    Date Decided: Nov 9th, 2010
    Decided By: Mississippi Southern District Court (Federal)
    Court: S.D.Miss.
    Citation: 2010 WL 4867410 (S.D.Miss.)

    Plaintiff brought this claim against his employer, IllinoisCentral Railroad Company ("ICRR"), under the Federal Employers' Liability Act("FELA"), 45 U.S.C. 51 et seq. Plaintiff alleged he was injured whileoperation a main line railroad switch; a switch, he claims, that was defective andnegligently maintained and inspected under the requirements set forth in 49C.F.R. 213.235. Plaintiffasserts he was injured when the switch "bound up" (an incident that can occurwhen the switch gets stuck). Plaintiff's case rests on thin evidence. Plaintiff provides the following evidence: (1) that he spokeof the incident (the switch bounding up) to a select few co-workers, (2) plaintiff'sexpert found a "groove" (more thantwo years after the alleged accident) in the in the wooden switch tie along thepath that the switch clip or cuff would follow when the switch is being thrown,and lastly, and (3) ICRR's inspection records were no entirely completeregarding the inspection of the switch. No witness or employee has had any difficulty with the switch. ICRR filed a motion for summaryjudgment, alleging that Plaintiff failed to provide enough evidence ofnegligence and causation.