Bisnott v. Norfolk Southern Railway

PHIPPS, Presiding Judge.

After injuring his back at work, Delroy Bisnott sued his employer, Norfolk Southern Railway, for damages under the Federal Employers’ Liability Act1 (“FELA”) and the Federal Safety Appliance Act2 (“FSAA”). The trial court granted summary judgment to Norfolk Southern, and Bisnott appeals. For reasons that follow, we reverse.3

Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law.4 We review the grant of summary judgment de novo, construing the evidence and all reasonable conclusions…