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KAVORKIAN v. CSX TRANSP., INC.

Nos. 92-1667, 92-1710.

33 F.3d 570 (1994)

George KAVORKIAN, Plaintiff-Appellee/Cross-Appellant, v. CSX TRANSPORTATION, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1994.

Attorney(s) appearing for the Case

Robert B. Thompson, (argued and briefed), Laurence C. Acker, Harrington, Thompson, Acker, Harrington, Chicago, IL, for George Kavorkian.

Gene S. Davis (argued and briefed), Mary C. O'Donnell (briefed), Driggers, Schultz, Herbst & Paterson, Troy, MI, for CSX Transp., Inc.

Charles F. Clarke (briefed), Elizabeth A. Rader, Squire, Sanders & Dempsey, Cleveland, OH, for The Ass'n of American Railroads, amicus curiae.

Clinton J. Miller, III (briefed), Office of Gen. Counsel, Cleveland, OH, for United Transp. Union, movant-amicus curiae.

Before: BOGGS and NORRIS, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.

BOGGS, Circuit Judge.

CSX Transportation, Inc., a railroad corporation, appeals the jury verdict in favor of George Kavorkian in his personal injury suit brought against CSX under the Federal Employers' Liability Act ("FELA") and the Federal Safety Appliance Act ("FSAA"). The main issue in CSX's appeal is whether, as a defense to a law suit under § 2 of the FSAA, a railroad may present evidence of the alignment of a railroad car's drawbar, the mechanism that...

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