Denney
Denney v. CSX Transportation CA4/2
Opinion
Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND
According to plaintiff’s complaint, on December 29, 2012, he was working at a
rail yard in Mira Loma, California, for his employer Caliber Auto Transfer. As part of
his duties, he attempted to open an auto carrier, but found the door to be stuck. He was
injured while attempting to apply force to the door mechanism with his foot, striking the
back of his knee against a sharp edge, apparently created by previous use of a pry bar to
open the door mechanism. It is undisputed, at least for purposes of the motion to quash at
issue here, that CSX owns the auto carrier or “rack” that plaintiff was attempting to open
when he was injured (it does not own the rail car on which the rack sat).
Plaintiff filed suit on October 10, 2014, asserting causes of action under the
Federal Employers’ Liability Act and the Federal Locomotive Inspection Act, as well as
state negligence law. On March 2, 2015, plaintiff amended the complaint to name one of
the Doe defendants to be CSX.
CSX, appearing specially, filed its motion to quash on June 8, 2015. The motion
was supported by the declaration of its “General Commerce Counsel and Corporate
2 Secretary,”…