Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Muhammad v. Norfolk Southern Railway Co.

United States Court of Appeals, Fourth Circuit

June 4, 2019

KENNETH MUHAMMAD, Plaintiff - Appellant,
v.
NORFOLK SOUTHERN RAILWAY CO., f/k/a Norfolk & Western Railway Co., Defendant-Appellee.

          Argued: January 29, 2019

          Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:18-cv-00020-RAJ-LRL)

          Before NIEMEYER, KEENAN, and QUATTLEBAUM, Circuit Judges.

         ARGUED:

          Joshua T. Gillelan, II, LONGSHORE CLAIMANTS' NATIONAL LAW CENTER, Washington, D.C., for Appellant.

          David C. Bowen, WILLCOX & SAVAGE, P.C., Norfolk, Virginia, for Appellee.

         ON BRIEF:

          Richard N. Shapiro, SHAPIRO & APPLETON P.C., Virginia Beach, Virginia, for Appellant.

          Brianna L. Barnes, WILLCOX & SAVAGE, P.C., Norfolk, Virginia, for Appellee.

          NIEMEYER, CIRCUIT JUDGE.

         Kenneth Muhammad, a railroad employee, was injured while replacing railroad crossties on a bridge spanning navigable waters. When Muhammad filed a negligence claim against his employer under the Federal Employers' Liability Act ("FELA"), the district court granted the employer's motion to dismiss for lack of subject-matter jurisdiction. The court concluded that Muhammad was injured "upon navigable waters" and was engaged in "maritime employment" and therefore that the Longshore and Harbor Workers' Compensation Act ("LHWCA") provided the exclusive remedy for his claim. Because we conclude, however, that Muhammad's injury did not occur "upon navigable waters," as required by the LHWCA, we reverse and remand for further proceedings.

         I

         In May 2016, while Muhammad was employed by Norfolk Southern Railway Company as a carpenter in its "bridge and building" maintenance department, he performed maintenance work replacing railroad crossties on Norfolk Southern's South Branch Lift Bridge in Virginia. The Bridge crosses the Elizabeth River, which has been declared navigable by the U.S. Coast Guard, and the center span of the Bridge lifts upward to allow vessels to navigate under it. The train traffic crossing the Bridge primarily serves businesses to the west of the Elizabeth River, often traveling to the Portlock Railyard, which is landlocked and approximately a mile east of the River.

         The work crew with whom Muhammad was working traveled to the South Branch Lift Bridge via truck, and their work never required the use of boats. While Muhammad was working on the Bridge on May 19, a portion of the walkway on which he was walking collapsed. He was able to avoid falling into the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.