Baker v. CSX Transportation, Inc.

MEMORANDUM OPINION AND ORDER

CARROLL, United States Magistrate Judge.

On January 23, 1998, the plaintiff, Phillip Edwards Baker, filed this action against CSX Transportation, Inc. (CSX) in the Circuit Court of Chilton County, Alabama. Baker alleged that on February 17, 1996 he was injured by a locomotive owned and operated by CSX and that he suffered injuries as a result of that company’s negligence. The case was removed to this court on March 5, 1998. On December 9, 1998, CSX filed a motion for summary judgment alleging that the plaintiff was contributorially negligent as a matter of law. On…