Wilson v. Consolidated Rail Corp.

CARL R. GAERTNER, Judge.

This appeal arises from an action under the Federal Employer’s Liability Act (FELA). Randolph Wilson brought an action against Consolidated Rail Corporation (Conrail) for injuries he sustained to his lower back.

On November 2, 1989, Wilson, a Conrail employee, was assisting a crew of employees in unloading stone from railroad cars. The stone was emptied from the cars onto the railroad track and tamped down to help maintain the track. The stone was emptied from one of two doors on opposite sides of the car. To open one of these doors, Wilson would place a bar…