CSX TRANSPORTATION v. PITTS

No. 837, September Term, 2010.

38 A.3d 445 (2012)

203 Md. App. 343

CSX TRANSPORTATION, INC. v. Edward L. PITTS, Sr.

Court of Special Appeals of Maryland.

Reconsideration Denied March 30, 2012.


Attorney(s) appearing for the Case

J. Christopher Nosher , Annapolis, MD (Setliff Turner & Holland, PC, C. Stephen Setliff , Annapolis, MD, Evan M. Tager , Andrew E. Tauber , Carl J. Summers , Washington, DC), all on the brief, for appellant.

P. Matthew Darby & H. David Leibensperger , Towson, MD (Berman, Sobin, Gross, Feldman & Darby, LLP, Towson, MD, C. Richard Cranwell , Cranwell, Moore & Emick, PLC, Roanoke, VA), all on the brief, for appellee.

Panel: EYLER, DEBORAH S., GRAEFF and WATTS, JJ.


WATTS, J.

This case involves an action brought by Edward L. Pitts, Sr., appellee, against his employer, CSX Transportation, Inc., appellant, under the Federal Employers' Liability Act, 45 U.S.C. §§ 51 et seq. ("FELA"), for damages allegedly incurred during forty years of employment with appellant. Appellee sought damages for various injuries including osteoarthritis of the knees allegedly caused by "large ballast," or crushed rocks, used by appellant...

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