Legal Opinion
Wilkins v. CSX Transportation, Inc.
Court of Appeals of North Carolina
Decided December 16, 2008No. COA08-181PublishedCited by 1 opinion
1Opinion of the Court
CALABRIA, Judge.
Henry J. Wilkins (“plaintiff’) sustained back injuries while working as a maintenance of way worker for CSX Transportation, Inc. (“defendant”). He filed a complaint in Northampton County Superior Court under the Federal Employers’ Liability Act 45 U.S.C. § 51 et seq. (“FELA”), which makes railroads liable to their employees for injuries “resulting in whole or in part from the negligence” of the railroad, §51. Contributory negligence is not a bar to recovery under FELA, but damages are reduced “in proportion to the amount of negligence attributable to” the employee, §53.…
2Cases cited10 opinions
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Eichel v. New York Central RailroadSupreme Court of the United States · 1963
- Norfolk Southern Railway Co. v. SorrellSupreme Court of the United States · 2007
- Stanley F. Taylor v. Burlington Northern Railroad CompanyCourt of Appeals for the Ninth Circuit · 1986
- Darrell E. Brown v. Csx Transportation, Incorporated, a CorporationCourt of Appeals for the Fourth Circuit · 1994
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