Sheppard v. CSX Transportation, Inc.

OPINION

This diversity action presents questions of state law stemming from an industrial accident that left Appellant Allen Sheppard severely injured and unable to work. On appeal we are confronted with two issues of state tort law: (1) whether Appellee CSX Transportation (CSX) owned or possessed the railcar scale house where the accident giving rise to the injuries occurred and (2) whether, regardless of ownership, CSX owed a duty of reasonable care to other subcontractors on the premises. The district court answered both questions in the negative, finding that CSX did not own the property…