Date Decided: Dec 3rd, 2010
Decided By: Ohio Southern District Court (Federal)
Court: S.D.Ohio
Citation: 2010 WL 5014457 (S.D.Ohio)

Plaintiff, a railroad employee, brought this FELA action againstthe defendant, CSX Transportation ("CSX") after purportedly being injured whenhe was exposed to toxic battery fumes while operating a locomotive. Plaintiff asserts that the batterieswere "excessively gassing," which is a per se violation of the FederalLocomotive Inspection Act ("LIA"). On the date of the injury, the Plaintiff had to remove himself from thelocomotive to be treated for respiratory illness. After inspection, the batteries appeared to be "gassing",but not very noticeably. The repairshop found that the battery did not emit excessive voltage, and no sulfuricacid was detected; both of which are symptoms of "excessive gassing." Plaintiff filed a motion for partialsummary judgment on the issue of liability.