In an action by rail workers alleging injuries from exposure to hydrochloric acid fumes, summary judgment for Defendant is affirmed where Defendant rail carrier's failure to perform a ten-point inspection under 49 C.F.R. section 173.31 did not violate that regulation because it did not apply to rail carriers such as Defendant.
Argued: May 1, 2009
Decided and Filed: July 8, 2009
Opinion by Judge Martin