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Final Copy 289 Ga. 903 S11G0556. CSX TRANSPORTATION, INC. v. SMITH.

CARLEY, Presiding Justice. CSX Transportation, Inc., which is a railroad involved in interstate commerce, employed Larry Smith as a conductor. On April 6, 2004, two supervisors allegedly observed Smith violate a safety rule by dismounting a moving train and subsequently removed him from service pending further investigation. Several hours later, Smith entered CSX's Terminal

Administration Building in Walbridge, Ohio and was walking up a flight of stairs on his way to a union safety meeting when he slipped and hit his knee on the edge of a step. A small puddle of liquid soap was later found on the stair tread. Smith had knee surgery one year later. In 2007, Smith brought suit against CSX in the Superior Court of Gwinnett County under the Federal Employers' Liability Act (FELA), which provides a federal tort remedy for interstate railroad employees who are injured while working within the scope of their employment. See 45 USC

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