Cottles v. Norfolk Southern Railway Co.

On Application for Rehearing

MURDOCK, Justice.

Norfolk Southern Railway Company (“Norfolk Southern”) has applied for a rehearing of our decision in Cottles v. Norfolk Southern Ry., 224 So.3d 572 (Ala. 2016), which reversed the Morgan Circuit Court's summary judgment in favor of Norfolk Southern in Jeff Cottles’s action under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51 et seq., for injuries he sustained on April 9, 2012, while working as a track switchman for Norfolk Southern. In its application for rehearing, Norfolk Southern presents several arguments regarding the issue…