Burrus v. Norfolk & Western Railway Co.

GARY M. GAERTNER, Judge.

Appellant, Norfolk and Western Railway Company (“railroad”), appeals the judgment entered by the Circuit Court of the City of St. Louis in favor of respondent, Michael Burrus, on his Federal Employer’s Liability Act (“FELA”) claim. We affirm.

Burrus (hereinafter “plaintiff’), formerly a conductor for railroad, filed an action for injuries he suffered when the train he was conducting struck two cars of a Burlington Northern coal train and derailed as the result of his co-worker’s negligence. He filed a motion for partial summary judgment on the issue of railroad’s…