United States Sixth Circuit

In plaintiff's action against his employer under the Federal Employers' Liability Act (FELA) and the Locomotive Inspection Act (LIA), district court's grant of summary judgment in favor of the defendant is reversed where: 1) district court improperly granted summary judgment on plaintiff's LLA and C.F.R. claim as he provided sufficient evidence to survive summary judgment on the issue of whether the toilet facility was sanitary and there was a direct tie between his inability to use the onboard toilet facility and his accident; and 2) plaintiff presented sufficient evidence of plaintiff's constructive notice of the muddy conditions surrounding the switch to survive summary judgment.

Appellate Information

• Argued 06/10/2010
• Decided 08/16/2010
• Published 08/16/2010

Judges

• WHITE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert B. Thompson, Joseph John Santoro