Mingo judge grants CSX motion for summary judgment
Kyla Asbury Mar. 8, 2012, 1:56am
WILLIAMSON – Mingo Circuit Judge Michael Thornsbury has granted CSX Transportation's motion for summary judgment in a matter involving an employee's alleged injuries.
In September 2010, pursuant to the Federal Employers' Liability Act, Gary Caudill alleged that through the course of his employment with CSX, he was exposed to "cumulative trauma that ultimately led to his spinal injuries," according to the judge's final order dated Feb. 27 in Mingo Circuit Court.
Caudill alleged that he suffered injuries and "concluded his employment" with CSX in June 2008 because of the injuries.
Thornsbury's final order states that Caudill had a long and documented history of back problems, first noted in 1985 and Caudill had linked the back problems with employment conditions, most notably the seats he was using.
Although Caudill filed the suit in September 2010, the injury he complained off manifested itself well in excess of three years prior to the date he filed the suit.
Thornsbury ruled in favor of CSX Transportation's motion for summary judgment based on the statute of limitations, as the court found that Caudill's alleged injuries manifested at the latest in November 2005 when a lumbar spine x-ray demonstrated a Grade I anterolisthesis of L5 on S1 secondary to L5 bilateral spondylolysis, and that Caudill knew or should have known that his employment with CSX was the cause, or an attributing case at that time.
CSX Transportation was represented by David Bolen and Todd Meadows of Huddleston Bolen.