Court of Special Appeals of Maryland September 26, 2007, 1090, Sept. Term, 2006 (Bittinger v. CSX TRANSPORTATION INC.)

KRAUSER, J.

Appellant, Richard Lynn Bittinger, an employee of appellee CSX Transportation, Inc., (“CSX”), a railroad company, suffered a back injury while attempting to throw a railway switch to permit a train to change tracks. To obtain compensation for his injury, he filed suit in the Circuit Court for Allegany

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County against CSX under the Federal Employers’ Liability Act, 45 U.S.C.