Sixth Circuit Court Holds Employees' Claims of Injury Due to "Oversized" Ballast. Dest
In recent years, railroads have seen an influx of claimrs by employees under the Federal Employer's Liability Act (FELA), 45 U.S.C 51, alleging injuries attributable to years of walking on mainline ballast. Railroads have consistently taken the position that such claims are preempted or precluded by the Federal Railroad Safety Act (FRSA), 49 U.S.C. 20101, but have received mixed results. On March 18, 2009, the United States Court of Appeals for the Sixth Circuit in Nickels v.
