Legal Opinion
Nickels v. Grand Trunk Western RR, Inc.
Court of Appeals for the Sixth Circuit
Decided March 18, 2009No. 07-1736, 07-2437PublishedCited by 63 opinions
1Opinion of the CourtBatchelder, J., joined by Siler, J.,
ROGERS, J. (pp. 433-36), delivered a separate dissenting opinion.
OPINION
ALICE M. BATCHELDER, Circuit Judge.
In this consolidated action, Stanley Nickels and Donald Cooper appeal entries of summary judgment on their Federal Employers’ Liability Act (“FELA”) claims. These former railway employees allege injuries caused by years of walking on oversized track ballast. The district courts below held that a Federal Railway Safety Act (“FRSA”) regulation covers the issue of ballast size, precluding plaintiffs’ negligence actions. We affirm.
I
Nickels and Cooper both claim that their former employers…
2Cases cited22 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Williams v. MehraCourt of Appeals for the Sixth Circuit · 1999
- Norfolk Southern Railway Co. v. ShanklinSupreme Court of the United States · 2000
- Norfolk Southern Railway Co. v. SorrellSupreme Court of the United States · 2007
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3Cited by63 opinions
- Kevin Cowden v. BNSF Railway CompanyCourt of Appeals for the Eighth Circuit · 2012
- MD Mall Associates, LLC v. CSX Transportation, Inc.Court of Appeals for the Third Circuit · 2013
- Lockley v. CSX Transportation Inc.Superior Court of Pennsylvania · 2010
- Norfolk Southern Railway Co. v. ZeaglerSupreme Court of Georgia · 2013
- Illinois Central Railroad v. BrentMississippi Supreme Court · 2013
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