MCCAIN v. CSX TRANSPORTATION INC.

Filing 27

ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AND DENIED IN PART; ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 4/23/10. 4/23/10 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NORMAN MCCAIN, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant. : : : : : : : : : CIVIL ACTION NO. 06-387

ORDER AND NOW, this 23rd day of April 2010, after consideration of Defendant's motion for summary judgment (doc. no. 24), it is hereby ORDERED as follows: As to claims concerning Plaintiff's left knee, Defendant's motion for summary judgment is GRANTED; As to claims concerning Plaintiff's right knee, Defendant's motion for summary judgment is GRANTED in part and DENIED in part. It is granted for claims based on the nature and

size of the ballast, as precluded under Nickels v. Grand Trunk W. R.R., 560 F.3d 426 (6th Cir. 2009), and it is denied for claims based on Plaintiff's "squatting, bending and climbing up and down locomotive ladders."

AND IT IS SO ORDERED.

S/Eduardo C. Robreno EDUARDO C. ROBRENO, J.