Lumley v. CSX Transportation Inc.

WHERRY, S.J.,

This case is before the court on defendant’s, CSX Transportation Inc., motion for partial judgment on the pleadings. The relevant facts, as averred by plaintiff, Douglas L. Lumley, are as follows.

During all relevant times, defendant employed plaintiff as a locomotive engineer. (Plaintiff’s brief in opposition at I ¶1.) As part of his employment duties, on March 7,2005, plaintiff was to transport a locomotive train from Willard, Ohio to New Castle, Pennsylvania. (Complaint at ¶11.) When plaintiff attempted to move the locomotive train from the Willard, Ohio train yard, he…