Norfolk Southern Railway Co. v. Trimiew

On August 20, 1993, appellee Clinton Trimiew, the plaintiff below, was injured while working for appellant Norfolk Southern Railway Company, the defendant below, near Burkeville in Nottoway County. The plaintiff brought this action against defendant under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq., to recover damages for his injuries.

The plaintiff alleged that he was injured during “his attempt to alight and exit from the passenger side cab of a high rail vehicle which ran along the railroad track.” He asserted that “[ujpon alighting from the vehicle, he suddenly…