Montgomery v. CSX Transportation, Inc.

I respectfully dissent. I would affirm the trial court’s determination that Montgomery failed to present sufficient evidence to survive summary judgment on any of his three theories of CSX’s alleged negligence under FELA.

A FELA action in state court is controlled by federal substantive law.1 I agree that, under the federal FELA standard, a plaintiff in a FELA case need only show that the “employer’s negligence played any part, even the slightest, in producing the injury.”2 Nevertheless, although the quantum *551of evidence sufficient to present a jury question of causation in a FELA case is less…