CSX Transportation, Inc. v. Smith
289 Ga. 903
Ga.2011Background
- Smith, a CSX conductor, injured knee after slipping on office stairs in CSX's Walbridge, Ohio building; incident occurred while en route to a union safety meeting.
- CSX workers observed Smith dismounting a moving train and he was placed out of service pending investigation in 2004.
- Smith sued CSX in Georgia state court under FELA in 2007 for injuries arising from work within the railroad’s scope.
- Trial court granted Smith’s motion in limine to exclude past discipline evidence; jury ultimately ruled for CSX.
- Court of Appeals reversed the judgment on the OSHA stair regulation issue and allowed cross-examination regarding Smith’s status as “out of service.”
- Georgia Supreme Court granted certiorari to review both the admissibility of OSHA regulation evidence and the related evidentiary issue
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 29 CFR § 1910.24 applies to railroad office stairs | Smith argued OSHA stair regs apply to CSX office stairs and support a negligence instruction. | CSX contended the regulation does not apply to this indoor office setting. | OSHA § 1910.24 applies to railroad office stairs; instruction proper |
| Whether Smith could be cross-examined about being out of service before the fall | Smith contends the out-of-service status is within FELA protection and not admissible as a trial matter. | CSX argued evidence of out-of-service status is relevant to employment scope and defenses. | CSX could cross-examine and present supervisors’ testimony; door opened by Smith's counsel and testimony |
Key Cases Cited
- Ledbetter v. Mo. Pacific R. Co., 12 S.W.3d 139 (Tex.App.1999) (OSHA stair regulations applicable in railroad contexts; general industry standards)
- Callahan v. Nat. R. Passenger Corp., 979 A.2d 866 (Pa.Super.2009) (FRA policy statement and OSHA applicability in railroad industry)
- Ries v. Nat. R. Passenger Corp., 960 F.2d 1156 (3d Cir.1992) (FRA policy statement and OSHA preemption guidance)
- Velasquez v. Southern Pacific Transp. Co., 734 F.2d 216 (5th Cir.1984) (OSHA vs. FRA jurisdiction in railroad safety matters)
- CH2M Hill v. Herman, 192 F.3d 711 (7th Cir.1999) (General industry vs. industry-specific OSHA standards)