Cottles v. Norfolk Southern Railway Co.

MURDOCK, Justice.

Jeff Cottles appeals from a summary judgment entered in favor of Norfolk Southern Railway Company (“Norfolk Southern”) by the Morgan Circuit Court in 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.1 We reverse and remand.

I. Facts

Before the incident that precipitated this lawsuit, Cottles had worked as a track switchman for Norfolk Southern for seven years. His duties included “lining” track switches for incoming and outgoing…