Articles Posted in Transportation Law

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Before the incident that precipitated this lawsuit, Jeff Cottles had worked as a track switchman for Norfolk Southern Railway Company for seven years. The process of "throwing" a switch involves pulling the handle up, moving it in an arc from right to left, stopping in the upright position, and then continuing to move the handle down and to the left. Cottles testified that the track 4 switch was harder to throw than the other switches in the Daikin plant. One early morning during his shift, Cottles attempted to throw the track 4 switch again. This time when he pushed the handle down the switch suddenly froze about one foot from the ground, and, according to Cottles, he felt pain in his back and neck. Within a week of the incident, Cottles's pain from his injuries had become so severe that he was unable to continue his job. He was diagnosed with bulging disks in his neck and a pinched nerve in his back. Cottles has not been able to return to work since rotator cuff surgery. It was undisputed that Daikin, not Norfolk Southern, owned the tracks and switches inside its plant. Regardless of who was notified, Daikin itself was required to address the issue and then to notify Norfolk Southern that the problem had been fixed. After Norfolk Southern received word from Daikin that maintenance had been performed, a Norfolk Southern track inspector would inspect the switch to confirm that the repairs had been completed. Cottles filed a Federal Employers' Liability Act (FELA) action against Norfolk Southern alleging that Norfolk Southern "failed to provide [Cottles] with a reasonably safe place to work" and that, as a result, Cottles sustained permanent damage to his neck and his back. In addition to his claims of negligence, Cottles asserted that Norfolk Southern was strictly liable under the Federal Safety Appliance Act ("FSAA") and/or "applicable FRA standards." Norfolk Southern moved for summary judgment, contending that Cottles' own testimony that he had thrown the track 4 switch three to six times earlier during his shift "without incident" and the fact that his own visual inspection before each throw had not revealed any defects in the switch demonstrated that Norfolk Southern had no notice that the track 4 switch was defective. At the hearing on Norfolk Southern's motion for a summary judgment, Cottles's counsel conceded that Cottles' strict liability claim under the FSAA should have been dismissed. The trial court later entered summary judgment in favor of Norfolk Southern on the FELA claims too. After review, the Supreme Court concluded that Cottles presented substantial evidence creating a genuine issue of material fact as to whether Norfolk Southern negligently failed to provide him with a reasonably safe workplace. Accordingly, the Court reversed summary judgment in favor of Norfolk Southern, and remanded the action to the trial court for further proceedings. View "Cottles v. Norfolk Southern Railway Co." on Justia Law

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James H. Goldthwaite lived in his Birmingham house for approximately 45 years. The house was adjacent to or near property on which were actively used railroad tracks owned by Norfolk Southern. The record reflected that Norfolk Southern used one of the railroad tracks located near Goldthwaite's house as a staging or temporary storage area for coal trains, which consist of empty rail cars and cars loaded with coal. In October 2013, Goldthwaite filed a complaint against Norfolk Southern alleging that his "life, health, liberty and possessions" have been harmed by noise and "noxious fumes" from the diesel locomotives that were left running in coal trains that are temporarily stored near his house. Norfolk Southern had the case removed to the United States District Court on the ground that Goldthwaite's claims were completely preempted by the Interstate Commerce Commission Termination Act of 1995, and that the federal district court had federal question jurisdiction for the limited purpose of dismissing the action. In April 2014, the federal district court held that it lacked subject-matter jurisdiction over the action because Goldthwaite's state-law claims were not completely preempted by the ICCTA. Holding that removal of the action from state court was not proper, the federal district court remanded the case to the Jefferson Circuit Court. On remand, Norfolk Southern moved the circuit court to dismiss the action, arguing, among other things, that Goldthwaite's claims were preempted under the ICCTA because, it maintained, the nuisance action was an attempt to regulate transportation by rail carrier and actions related to the regulation and operation of rail carriers, pursuant to the ICCTA, were within the exclusive jurisdiction of the Surface Transportation Board. The Alabama Supreme Court agreed that Goldthwaite's claims were preempted by the ICCTA, the circuit court erred in denying Norfolk Southern's motion to dismiss. Therefore, the Court reversed the circuit court's order denying Norfolk Southern's motion to dismiss and rendered a judgment for Norfolk Southern, dismissing Goldthwaite's state court action. View "Norfolk Southern Railway Company v. Goldthwaite" on Justia Law