GLASS v. BIRMINGHAM SOUTHERN R. CO.

1050831.

982 So.2d 504 (2007)

Gary E. GLASS v. BIRMINGHAM SOUTHERN RAILROAD COMPANY.

Supreme Court of Alabama.

September 28, 2007.


Attorney(s) appearing for the Case

Frank O. Burge, Jr., of Burge & Burge, Birmingham; and E.L. Brobston of Brobston & Brobston, Bessemer, for appellant.

J. Ginger Busby, Turner B. Williams, and Brent D. Hitson of Burr & Forman, LLP, Birmingham, for appellee.


WOODALL, Justice.

Gary E. Glass appeals from a judgment as a matter of law entered at the conclusion of his case-in-chief during the jury trial of his action against Birmingham Southern Railroad Company ("BSRC"), alleging violations of the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("the FELA"); he alleges he injured his spine while he and a coworker were manually moving a "rack" they were fabricating for BSRC. We reverse and remand.

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