Wheeler v. Norfolk Southern Railway Company

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JAMES WHEELER CIVIL ACTION VERSUS No. 20-1021 NORFOLK SOUTHERN SECTION I RAILWAY COMPANY, ET AL. ORDER AND REASONS Before the Court is defendant Norfolk Southern Railway Company’s (“Norfolk”) motion1 for summary judgment. The plaintiff, James Wheeler (“Wheeler”), opposes the motion.2 For the following reasons, the motion for summary judgment is granted. I. FACTUAL BACKGROUND This case arises from a December 21, 2016 injury suffered by Wheeler at Norfolk’s railyard. It turns on the issue of whether Wheeler can be considered Norfolk’s…