Hamm v. Norfolk Southern Railway Co.

MURDOCK, Justice.

Leo Paul Brooks and Daniel G. Hamm, a trustee in bankruptcy for Brooks, appeal from a summary judgment entered in favor of Norfolk Southern Railway Company (“Norfolk Southern”) in a personal-injury action Brooks filed in the Talladega Circuit Court pursuant to the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (“FELA”). We affirm in part, reverse in part, and remand.

*487 I. Facts and Procedural History

Brooks worked as a conductor and brakeman for Norfolk Southern from 1971 to 2004. On October 21, 2004, Brooks filed a petition for Chapter 7 bankruptcy (11 U.S.C. § 701 et…