Crowther v. CSX Transp., Inc., No. 11-1578 (1st Cir. 2012)Annotate this Case
In consolidated negligence actions under the Federal Employers’ Liability Act, 45 U.S.C. 51, against two railroad defendants, a former employee, alleged cumulative, or wear-out, injuries to the neck, knees, left elbow and thumb, and accidental injury to the left forearm while driving a spike. The district court entered judgment for defendants. The First Circuit affirmed. The aggravation claims were untimely, and no fact-finder could reasonably have inferred that plaintiff became aware of a work connection with his knee pain and neck injury only after mid-September of 2004. The court rejected claims based in negligence, alleging inadequate tools and failure to obtain ergonomic studies of the activities required to perform plaintiff’s jobs and upheld admission of evidence of malingering.