GRIMES V. NORFOLK SOUTHERN RAILWAY COMPANY
116 F. Supp. 2d 995 (2000)
NATURE OF THE CASE: Norfolk (Ds) filed cross-motions for summary judgment in Grimes' (P)
action under the Federal Employer's Liability Act.
FACTS: P was employed as a brakeman/conductor for D. On August 15, 1997, P was working as
a conductor. On August 15, 1997, at approximately 2:15 a.m., the crew became aware of a
vehicle sitting on the tracks. Despite the sounding of the locomotive whistle, the car did
not move off the tracks and was struck by the train. Efforts to stop the train began as soon
as the car was spotted. The train did not come to complete halt until about ten railroad car
lengths beyond the crossing. P and Norfolk (D) allege that Drewery (D) was intoxicated at
the time his car was parked on the railroad tracks and that it had been there for some time.
Drewery (D) denies these allegations. P exited the train and began walking back towards the
crossing to inspect the train for damage or derailed cars, and to provide whatever
assistance possible to the motorist. P couldn't walk on the area directly adjacent to the
track because the grade was too steep and the large stones used in the ballast rolled under
his feet. Only with a lantern to light his way P accidentally stepped into a hole the size
of a basketball resulting in his injuries. P filed a complaint against Norfolk (D) based on
the Federal Employer's Liability Act. P filed a separate claim against Drewery (D) under
Indiana Common Law alleging negligence. Ds filed motions for summary judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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