Announcement

Collapse
No announcement yet.

Brad Boyd v. CSX Transportation, Inc.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Brad Boyd v. CSX Transportation, Inc.


    Date Decided: Mar 7th, 2011

    Decided By: Indiana Northern District Court (Federal)

    Court: United States District Court for the Northern District of Indiana

    Citation: 2011 WL 854350


    Background:

    This case arose out of injuries Brad Boyd ("Boyd") allegedly
    sustained between 2005 and 2007 while employed by CSX Transportation, Inc. ("CSX").


    Boyd began his employment with CSX in 1999 where he worked
    as a brakeman and conductor. These positions required Boyd to throw switches to
    facilitate loading and unloading of trains in CSX rail yards. In 2005, Boyd
    became a road engineer and worked in this position until 2007. Here, Boyd was
    required to ride trains between Avon, Indiana, and Cincinnati, Ohio where a
    portion of the trip was over "rough track."

    In 2010, Boyd brought a negligence action against CSX under
    the Federal Employers' Liability Act ("FELA"), 45 U.S.C. 51 et seq. Boyd sought damages to compensate him for injuries
    he alleges he sustained as a result of exposure to excessive whole-body
    vibration.

    In the complaint, Boyd alleges that CSX violated the
    Locomotive Inspection Act ("LIA"), 49
    U.S.C. 20701-20703
    by failing to provide locomotives in a proper condition
    and safe to operate with unnecessary peril to life or limb, and the Federal
    Track Safety Standards ("FTSS"), 49
    C.F.R. 213 et seq
    . by failing to properly maintain its tracks.

    In support of his allegations, Boyd presented experts Alan
    Blackwell ("Blackwell") and Paul Byrnes ("Byrnes") who testified that the
    stretches of track Boyd was exposed to failed to comply with the FTSS. Boyd
    also presented Dr. Dennis Gates ("Dr. Gates") who testified Boyd's degenerative
    disc disease was aggravated by the vibrations he was subject to during his
    trips between Avon and Cincinnati.

    Before the Court is CSX's Motion to Exclude the testimony of
    Dr. Gates and its Motion for Summary Judgment. CSX argues that Dr. Gates'
    testimony regarding the cause of Boyd's injury is inadmissible under Federal
    Rule of Evidence 702 and as a result, Boyd cannot survive its Motion for Summary
    Judgment.


    Read More...

Working...
X