Nash v. Norfolk & Western Railway Co.

MEMORANDUM OPINION and ORDER

GLEN M. WILLIAMS, Senior District Judge.

I. Facts and Procedural History

This action was filed by the plaintiff Dwight A. Nash (“Nash”) on March 23, 1998 for injuries allegedly sustained while in the course of performing his duties as an employee of the defendant, Norfolk and Western Railway CO. (“N & W”).1 The plaintiff avers that N & W was negligent and failed to comply with the provisions of the Federal Employer’s Liability Act, 45 U.S.C. §§ 51, et seq. (1994) (“FELA”), the Federal Safety Appliance Act, 45 U.S.C. §§ 1-16 (1994) (“SAA”), and the rules and…