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WILLIAMS v. NORFOLK SOUTHERN RY. CO., INC.

Civ. A. No. 90-1491-A.

767 F.Supp. 756 (1991)

Leonard E. WILLIAMS, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, INC., et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

July 26, 1991.

Attorney(s) appearing for the Case

Walsh, Kathleen Grace, Alexandria, Va., for Leonard E. Williams.

George William Marget III, Williams, Mullen, Christian and Dobbins, Richmond, Va., for Norfolk Southern Ry. Co., Inc., and National R. Passenger Corp.

Julia B. Judkins, Lewis, Trichilo & Bancroft, Fairfax, Va., for Catlett Volunteer Fire Co., Inc. and Kevin A. Bell.

MEMORANDUM OPINION

ELLIS, District Judge.

The Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. ("FELA" or the "Act") gives railroad workers a remedy against the railroad for injuries sustained in the course of their employment as a result of the negligence of the railroad or its agents. But injuries incurred while "commuting" to or from work are not sustained in the course of employment. Thus courts, applying the "commuter rule", have...

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