Dixon v. Csx Intermodal Terminals, Inc.

Doyle, Chief Judge.

Earnest Dixon sued CSX Intermodal Terminals, Inc. (“CSXIT”), seeking to recover damages under the Federal Employers’ Liability Act (“the FELA”) for injuries he suffered when he fell from a railcar while unloading it. The trial court granted summary judgment to CSXIT, finding that Dixon could not recover because CSXIT was not a common carrier under the FELA. Dixon appeals that ruling, and we affirm for the reasons that follow.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo…