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Dixon v. CSX Intermodal Terminals Inc.

The defendant employer, which was in the business of loading and unloading railcars at a rail terminal, was not a common carrier by railroad within the meaning of the Federal Employee Liability Act, and the plaintiff therefore could not recover damages under the Act for injuries he suffered when he fell from a railcar while unloading it.

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Earnest Dixon sued CSX Intermodal Terminals, Inc. CSXIT, seeking to recover damages under the Federal Employee Liability Act the FELA for injuries he suffered when he fell from a railcar while unloading it. The trial court granted summary judgment to CSXIT, finding that Dixon could not recover because CSXIT was not a common carrier under the FELA. Dixon appeals that ruling, and we affirm for the reasons that follow.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

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