Przybylinski v. CSX Transportation, Inc.

292 F. App'x 485
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 12, 2008
Docket07-1755
StatusUnpublished
Cited by7 cases

This text of 292 F. App'x 485 (Przybylinski v. CSX Transportation, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Przybylinski v. CSX Transportation, Inc., 292 F. App'x 485 (6th Cir. 2008).

Opinions

[486]*486ALICE M. BATCHELDER, Circuit Judge.

Plaintiff-Appellant Jami Przybylinski (“Przybylinski”) appeals the district court’s order granting in part and denying in part Defendant-Appellee CSX Transportation, Inc.’s (“CSX”) motion for summary judgment and granting judgment for CSX in this case filed pursuant to the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51, et seq. Because we find that CSX did not breach its duty to Przybylin-ski, we REVERSE the district court’s determination to the contrary, but we AFFIRM the judgment in favor of CSX.

I. BACKGROUND

Przybylinski began working for CSX in May, 2002, as a bridge tender at the Saint Joseph’s Bridge (“Bridge”) in Saint Joseph, Michigan. CSX owns and operates the Bridge which in the closed position carries rail traffic across the St. Joseph River and accommodates pedestrian traffic via a metal walkway. The Bridge is a swing bridge that rests on a vertical column; a portion of the Bridge known as the swing span rotates 90 degrees to allow boat traffic to pass on the river. The portions of the Bridge leading to the swing span are called the approaches. As a bridge tender, Przybylinski controls the Bridge’s position — open or closed — from the control house on the south bank of the river.

The walkway on the Bridge is constructed of pieces of metal grating that are approximately 20 feet long and are attached to the railroad ties with dome-head lags and lag screws. A cable running through vertical posts on the east side of the Bridge serves as a hand rail for the walkway. On the morning of October 17, 2004, Przybylinski was walking on the northern approach portion of the walkway when she fell and suffered significant injuries.1 Przybylinski contends that the “seams”2 at the point of her fall were of uneven height creating an irregular walking surface and that several fasteners and screws were sticking up, adding to the irregularity of the walking surface. Photographic evidence in the record shows that the two pieces of metal grating at the seam were uneven by approximately 1/4 of an inch and that several screws or fasteners also projected out 1/4 of an inch. Przybylinski contends that the walkway was damaged by a train derailment on the Bridge in September 2004, but acknowledges that the surface was slightly uneven prior to the derailment.

The day of the fall, Przybylinski described the incident to her supervisor, Joseph Capriglione, who recorded her description in an incident report:

Walking across bridge on walkway, strong gust of crosswind caught me off balance — when stepping for footing tripped on grating, bolt something — fell forward on 1ft. knee & rt. hand. Excess winds had been for past 24 hr +.

Capriglione also compiled a more complete accident inspection report stating that the Saint Joseph’s Coast Guard station recorded wind gusts of 23 knots at the time of Przybylinski’s fall. Przybylinski now contends that the wind did not contribute to her fall; that she fell solely because of the uneven walking surface.

Przybylinski insisted in her affidavit that before the incident she told both Wayne Larr (“Larr”), bridge foreman, and Phil [487]*487Freeman (“Freeman”), supervisor, about the condition of the walkway around the area in which she ultimately tripped. Additionally, Przybylinski stated in her deposition that she told Larr and Tom Masters (“Masters”), another bridge tender, but equivocated about whether she told Freeman. Contrary to Przybylinski’s testimony, Larr testified that Przybylinski told him about a problem not with the grating on the approaches, but on the swing span, which Larr fixed. Furthermore, Larr testified that he traversed the walkway 10-15 times per day and did not notice any unsafe conditions on the approaches — the area in which Przybylinski fell — at any time before October 17, 2004.

Przybylinski filed this action on December 80, 2005, seeking damages for her injuries under FELA. Nearly a year later CSX moved for summary judgment alleging that Przybylinski could not establish that CSX breached its duty to provide a reasonably safe workplace, that her injury was foreseeable, or that CSX’s alleged negligence caused her injury. On May 16, 2007, 2007 WL 1461953, the district court issued an opinion and order granting in part and denying in part CSX’s motion for summary judgment. The district court concluded that: (1) Przybylinski did present a jury question regarding whether CSX breached its duty to provide a reasonably safe workplace; (2) Przybylinski failed to establish that her injury was reasonably foreseeable; and (3) Przybylinski did not demonstrate that CSX’s alleged negligence played any part in causing her injury. Thus, the district court denied CSX’s motion for summary judgment on the issue of breach of duty, but granted it on the issues of foreseeability and causation, and entered judgment in favor of CSX. Przybylinski timely appealed that decision to this court.

II. STANDARD OF REVIEW

We review de novo a district court’s grant of summary judgment, using the same standard applied by the district court. Williams v. Mehra, 186 F.3d 685, 689 (6th Cir.1999) (en banc). Summary judgment is proper if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). We must review all the evidence, facts, and inferences in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

In order to defeat a summary judgment motion, the nonmoving party must “show sufficient evidence to create a genuine issue of material fact.” Prebilich-Holland v. Gaylord Entm’t Co., 297 F.3d 438, 442 (6th Cir.2002) (citing Klepper v. First Am. Bank, 916 F.2d 337, 342 (6th Cir.1990)). The nonmoving party must provide more than a scintilla of evidence. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). That is, the nonmoving party must present sufficient evidence to permit a reasonable jury to find in its favor. Id. Entry of summary judgment is appropriate “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Hartsel v. Keys, 87 F.3d 795, 799 (6th Cir.1996).

III. ANALYSIS

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