Dixon v. CSX Transportation, Inc.

OPINION

LUTTIG, Circuit Judge:

CSX Transportation, Inc., appeals from alternative judgments rendered in favor of Larry and Sally Dixon totalling $13,609,308 on a Federal Employers’ Liability Act (FELA) claim and $15,109,308 on two state law claims. All three claims arose from a 1985 accident in which a train operated by *1442CSX struck Mr. Dixon’s automobile. For the reasons that follow, we vacate both judgments, dismiss the FELA claim, and remand for a new trial on the Dixons’ state law claims.

I

Appellee Larry Dixon was a traveling agent employed by the Southern Weighing and Inspection Bureau…