Thomas v. CSX Transportation, Inc.

Ruffin, Judge.

James Larry Thomas sued his employer, CSX Transportation, Inc. (“CSX”), under the Federal Employers’ Liability Act (“FELA”), 45 USC § 51 et seq., for injuries he suffered in an automobile collision while en route to work. The collision involved the van transporting Thomas and other CSX employees to a job site and an unoccupied pickup truck which rolled into the moving van. The trial court granted CSX summary judgment, and Thomas appealed. For reasons which follow, we reverse.

“Summary judgment is appropriate when the evidence, construed in the nonmovant’s favor, shows no issue of…