Carlisle v. CSX Transportation, Inc.

ARROWOOD, Judge.

CSX Transportation, Inc. (Defendant) appeals from an order granting Robert Carlisle’s (Plaintiff’s) motion for voluntary dismissal of his claim. We affirm in part and reverse in part.

The pertinent facts are summarized as follows: Plaintiff was bom in 1943 and is a resident of Hamlet, North Carolina. He was employed by Defendant railroad as a brakeman and conductor for thirty-seven years, from 1967 until 2004. Plaintiffs employment required him to walk on ballast, which is the base of crushed stone that supports train tracks. Plaintiff was twenty-four years old when he began…