Brown v. CSX Transportation, Inc.

OPINION

EMBERTON, Judge:

Michael Brown appeals from the summary dismissal of his claim for damages under the Federal Employers’ Liability Act, 45 U.S.C., sec. 51, et. seq. In granting appellee’s motion for summary judgment, the trial judge concluded that based upon the undisputed facts Brown had failed to establish that he was employed by CSX for the purposes of FELA We agree and affirm.

Brown was injured on July 14, 1993, while working as an employee of Loram Maintenance of Way, Inc., an independent contractor which performs specialized ballast cleaning work for various railroads around the…