Lewis v. Norfolk & Western Railway Co.

Plaintiff, Gene R. Lewis, filed a complaint pursuant to section 51 of the Federal Employer’s Liability Act (45 U.S.C. § 51 et seq. (1988)) (FELA) against defendant, Norfolk and Western Railway Company, for injuries he sustained in an automobile accident while driving one of defendant’s vehicles on a public highway. The automobile accident involved a third-party defendant, James Nathan Ormsby (Ormsby). Plaintiff also included a negligence count against Ormsby in his complaint, and he subsequently obtained a default judgment against Ormsby. That order is not part of this appeal.

In his…