Davis v. Union Pacific Railroad

ORDER

BRIAN S. MILLER, District Judge.

Pending before the court is defendant’s motion for summary judgment (Doc. No. 42). Plaintiff has responded and defendant has replied. For the reasons set forth below, the motion is denied.

I. BACKGROUND

Plaintiff brings this action under the Federal Employer’s Liability Act (FELA) against his employer, the Union Pacific Railroad Company, for injuries he sustained on February 13, 2007. At the time of his injury, plaintiff was employed as an Outside Locomotive Mover. Plaintiff alleges that he rolled his left ankle while walking on loose ballast near the…