Mikus v. Norfolk & Western Railway Co.

PRESIDING JUSTICE O’MARA FROSSARD

delivered the opinion of the court:

Plaintiff, Ronald Mikus, brought this suit against his employer, defendant Norfolk and Western Railway Company, seeking damages under the Federal Employers’ Liability Act (45 U.S.C. §§ 51 through 60 (1988)) (FELA). Plaintiff was injured during his employment as a railroad conductor, when he was struck by a railroad crossing gate arm, which was broken by a truck going through lowering gates at the crossing. Plaintiff claimed this injury was the result of a malfunction in the crossing signals and the negligence of defendant. As…