Borger v. CSX Transportation, Inc.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Railworkers Robert Borger and Derrick Atkinson sued CSX Transportation under the Federal Employers Liability Act, alleging injuries from exposure to hydrochloric acid fumes. For the reasons described below, we AFFIRM the district court’s entry of summary judgment in CSX’s favor.

I

On June 21, 2004, Robert Borger, Sr. and Derrick J. Atkinson worked together as engineer and conductor on a CSX train heading south from Troy, Ohio to Cincinnati. A northbound CSX train from Cincinnati needed to pass on the same track, so Borger stopped his train in a siding…