Lutz v. CSX TRANSPORTATION, INC.

Blackburn, Judge.

On June 4, 1991, the appellant, B. E. Lutz, commenced the instant action against his employer, CSX Transportation, Inc., for damages under and by virtue of the provisions of the Federal Employers’ Liability Act (FELA), 45 USC § 51, for a hearing loss that he sustained during the performance of his duties as a railroad worker for CSX. CSX answered the complaint, denying liability and asserting, inter alia, a statute of limitation defense. Following discovery, CSX moved for summary judgment. The trial court granted CSX’s motion, concluding that the appellant knew or should have…