Booth v. CSX Transportation, Inc.

OPINION

ISAAC, Senior Judge:

Larry W. Booth appeals from a Jefferson Circuit Court order granting summary judgment to CSX Transportation, Inc. Booth allegedly injured his knees while employed as a railroad carman for CSX. The Jefferson Circuit Court ruled that Booth’s claims for damages under the Federal Employers’ Liability Act, 45 U.S.C. § 51, et seq. (“FELA”) were preempted by regulations promulgated under the Federal Railway Safety Act, 49 U.S.C. § 20101, et seq. (“FRSA”). We conclude that although a regulation promulgated under the FRSA may preclude a FELA claim, it did not do so in this…