Jeff Cottles v. Norfolk Southern Railway Company

Summary

The court reversed the summary judgment for Norfolk Southern in the employee’s federal negligence action because the evidence could support a finding that Norfolk Southern knew the switch was unusually difficult to operate and should have investigated it further. The railroad’s lack of ownership of the track and compliance with federal inspection regulations did not eliminate its nondelegable duty to provide a reasonably safe workplace or preclude a more demanding FELA negligence standard. The court also held that the trial court improperly struck the expert’s affidavit in its entirety. Justice Bolin, concurring in the result, stated that he concurred only in overruling the application for rehearing.