Clayton Ward v. Illinois Central Railroad Company

Appellant, former employee of Appellee railroad, appeals the trial court’s grant of Appellee’s motion for summary judgment on the ground of preclusion. Appellant filed this lawsuit under the Federal Employers’ Liability Act, seeking damages for injuries he allegedly suffered as a result of walking on ballast in Appellant’s railyard. Appellee moved for summary judgment on the ground that Appellant’s claim concerning ballast was precluded by the Federal Railroad Safety Act regulation 49 C.F.R. § 213.103. The trial court granted summary judgment, concluding that Appellant failed to meet his burden to negate Appellee’s proof that it complied with 49 C.F.R. § 213.103. We have determined that Appellant satisfied his burden of production to negate Appellee’s proof regarding whether the ballast rock at issue provided adequate drainage in compliance with 49 C.F.R. § 213.103, making summary judgment inappropriate. Reversed and remanded.