Bynum v. Norfolk Southern Ry. Co.

By Judge Mary Jane Hall

Gilbert Bynum, a brakeman employed by Defendant Norfolk Southern Railway Co., resists application of the exclusivity provision in the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 etseq. (“LHWCA”), and asks this Court to overrule Defendant’s Plea in Bar to his action for damages under the Federal Employers Liability Act, 45 U.S.C. § 51 el seq. (“FELA”). Some of his arguments in support of preserving a railroad worker’s right to bring an FELA action are compelling and would deserve favorable reception if this were a case of first impression; but this…