Knisely v. Consolidated Rail Corp.

BAYLEY, J.,

Plaintiff, Earl Knisely, filed an amended complaint against defendant, Consolidated Rail Corporation, seeking damages for injuries he alleges he incurred when he slipped and fell on Conrail’s property on January 18, 1999. Count I is a cause of action under the Federal Employers’ Liability Act, 45 U.S.C. 51. Count II is a cause of action under common-law negligence. Defendant filed a motion for a partial summary judgment on the FELA claim. The issue was briefed and argued on February 14, 2001.

*346In Washington v. Baxter, 553 Pa. 434, 441, 719 A.2d 733, 737 (1998), the Supreme Court of…