Norfolk Southern Railway Co. v. Bogle

Colleen Conway Cooney, Presiding Judge.

{¶ 1} Plaintiff-appellant, Norfolk Southern Railway Company (“Norfolk”), appeals the trial court’s decision denying its request for declaratory relief and finding that Am.Sub.H.B. No. 292 (“H.B. 292”) is preempted by the Federal Employer’s Liability Act (“FELA”), Section 51 et seq., Title 45, U.S.Code, and/or the Locomotive Boiler Inspection Act (“LBIA”), as amended, Section 20701 et seq., Title 49, U.S.Code. Finding no merit to the appeal, we affirm.

{¶ 2} Between September 1999 and March 2004, defendants-appellees, Charles Odell Weldon and Eric A.…