Johnson v. Norfolk Southern Railway Co.

OPINION AND ORDER

JON E. DEGUILIO, District Judge.

Plaintiff James Johnson worked for Defendant Norfolk South Railway Company (“Norfolk Southern”) as a conductor. While he was working in the company’s Elkhart rail yard, he slipped and fell while walking on ballast — the rocks that are typically used as a bed on which railroad ties are laid — and fractured his ankle. He sued Norfolk Southern under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq.

Now before the Court is Defendant’s Motion for Summary Judgment and Brief in Support of Motion for Summary Judgment [DE 31, 32] filed…