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Jones v. Norfolk Southern Railway Co.6/28/2002
other hand, evidence was offered to show that appellee provided the B&B;crew with safety information and methods of performing their jobs that would help prevent injury from known dangers, e.g., the lifting of heavy objects, the use of equipment such as air hammers. The fact that the crew sometimes worked with only four men while one of their number was on vacation is insufficient, standing alone, to show even the slightest negligence on the part of appellee. That is, appellant failed to offer any evidence that the absence of one worker on some occasions precluded the crew from accomplishing its tasks in the usual and customary way. Blair v. Baltimore & Ohio R.R. (1945), 323 U.S. 600, 604-605 (Part of the railroads's duty to ensure a safe work environment is to provide workers with sufficient manpower to accomplish assigned tasks). Furthermore, there is absolutely no evidence in the record of this case tending to demonstrate that tools and equipment used by the B&B;crew were unsafe or unsuitable for the assigned tasks.
. Accordingly, reasonable minds could only conclude that appellee did not breach the duty to furnish appellant with a reasonably safe work environment, and the trial court did not err in granting appellee's motion for a judgment notwithstanding the verdict. Appellant's sole assignment of error is found not well-taken.
. The judgment of the Lucas County Court of Common Pleas is affirmed. Appellant, James B. Jones, Sr., is ordered to pay the costs of this appeal.
JUDGMENT AFFIRMED.
Melvin L. Resnick, J., Richard W. Knepper, J., Mark L. Pietrykowski, P.J., CONCUR.
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