CSX Transp., Inc. v. Pitts (Maryland)
A locomotive engineer brought a personal injury action under the Federal Employers’ Liability Act (FELA) against our client, CSX, for knee injuries he allegedly sustained while working in CSX’s rail yards. He alleged that CSX was negligent in having selected large rather than small sized ballast (the crushed stone that is used to support railroad tracks) in its rail yards. The principal legal issue presented was whether the federal regulation governing the ballast used to support railroad tracks precluded the plaintiff’s negligence claim under FELA. We successfully petitioned the Maryland Court of Appeals—Maryland’s highest court—for certiorari review and represented CSX on the merits.