Wilhelm v. CSX Transportation, Inc.

Plaintiff, Keith T. Wilhelm, appeals from the entry of summary judgment in favor of his employer, CSX Transportation, Inc. (CSXT), on his claim for damages under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60.1 Plaintiff alleged that CSXT breached its duty to provide him a safe place to work when his coworkers regularly violated defendant’s no-smoking policy, defendant negligently failed to enforce its policy, and plaintiff required treatment for asthma attacks as a result of occupational exposure to secondhand cigarette smoke. It was error, plaintiff claims, for the district…