Booth v. CSX Transportation, Inc., 2011 Ky. App. LEXIS 15

Booth, a CSX carman from 1973 to 2002, allegedly injured his knees from ballast walking in CSX rail yards.
Ballast conditions worsened Booth’s walking environment; CSX later used smaller ballast and some concrete in yards.
Booth filed a FELA action in 2003 alleging negligent ballast maintenance caused knee injuries; causation contested by CSX.
Jefferson Circuit Court granted summary judgment on medical causation; on appeal, judgment was reversed and remanded.
On remand, the circuit court granted summary judgment on FRSA preemption, precluding Booth’s FELA claim.
The Kentucky Court of Appeals reviews whether FRSA regulations preempt FELA claims and whether § 213.103 touches Booth’s subject matter.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does FRSA preemption apply to FELA claims?	Booth argues FRSA preemption can preclude FELA claims where applicable.	CSX contends FRSA regulations preempt state-law-like claims and, by extension, FELA, when applicable.	FRSA preclusion can preclude FELA if regulation substantially subsumes the claim.
Does 49 C.F.R. § 213.103 preclude Booth’s FELA claim?	Regulation governs track bed, not walkways; does not address safe walkways in yards.	Reading in Nickels supports preclusion since regulation governs ballast/walkway safety indirectly.	Regulation did not touch or substantially subsume Booth’s walkway claim.

Easterwood v. Norfolk So. Ry. Co., 507 U.S. 658 (1993) (FRSA preemption analyzed under substance/subsumption framework)
Nickels v. Grand Trunk Western R.R., Inc., 560 F.3d 426 (6th Cir. 2009) (FRSA regulation precludes FELA if it substantially subsumes subject matter)
Lane v. R.A. Sims, Jr., Inc., 241 F.3d 439 (5th Cir. 2001) (uniform FRSA application to FELA and non-railroad plaintiffs)
Shanklin v. Norfolk S. Ry. Co., 529 U.S. 344 (2000) (FRSA preemption framework for railroad safety regulations)
Moody v. CSX Transp., Inc., 313 S.W.3d 72 (Ky. 2010) (KY Supreme Court on FELA/FRSA interaction)