Omans v. Norfolk Southern Railway

Skow, Judge.

{¶ 1} Plaintiff-appellant, Daniel Omans, appeals the trial court’s decision granting a motion to dismiss filed by defendant-appellee, Norfolk Southern Railway (“Norfolk Southern”). For the reasons that follow, the judgment of the trial court is reversed.

{¶ 2} The instant action arises from an accident that occurred on November 14, 2003, while Omans was performing his duties as a conductor for Norfolk Southern in Elkhart, Indiana. According to Omans, a load of lumber on the freight railcar on which he was riding shifted and fell on him during a coupling operation, causing him…