Lively v. CSX Transportation, Inc.

RYDER, Judge.

Herbert M. Lively seeks review of the trial court’s order of final summary judgment in favor of CSX Transportation, Inc., in a negligence action. We reverse.

Lively had been employed by CSX for twenty-one years as a carman, whose job it was to inspect and repair defective railroad equipment. On the day he was injured, Lively was attempting to extract a piece of scrap rail which had fallen through one of the holes in the flooring of the railroad car used by CSX to transport the scrap rails. The fallen rail had become wedged in the trucks of the car.

The appeal herein is from a…