Opinion

Quiles v. CSX Transportation, Inc.

Court
District Court, M.D. Florida
Filed
Aug 18, 2025
Cited by
0 cases
Authority
More cited than 38.8%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

MICHAEL QUILES,

Plaintiff,

v. Case No: 6:24-cv-1610-PGB-DCI

CSX TRANSPORTATION, INC.,

Defendant/

Third-Party

Plaintiff,

v.

FLORIDA DEPARTMENT OF

TRANSPORTATION,

Third-Party

Defendant.

ORDER

This cause comes before the Court upon the following filings:

1. CSX Transportation, Inc.’s (“CSX”) Motion to Dismiss Count I of

Michael Quiles’s (“Quiles”) Complaint (Doc. 29), and Quiles’s

response thereto (Doc. 30).

2. Florida Department of Transportation’s (“FDOT”) Motion to Dismiss

CSX’s Third-Party Complaint (Doc. 52), and CSX’s response thereto

(Doc. 53).

Upon consideration, CSX’s Motion to Dismiss is denied, and FDOT’s Motion

to Dismiss is granted in part and denied as moot in part.

I. BACKGROUND1

In November 2021, Michael Quiles was hired by Prince Contracting, a

construction contractor. (Doc. 1, ¶¶ 1, 5). During Quiles’s employment, Prince

Contracting ordered Quiles to work under CSX, a railroad transportation

corporation. (Id. ¶¶ 1, 6–8). In supervising Quiles’s employment, CSX possessed

the ability to terminate Quiles. (Id. ¶ 8).

CSX assigned Quiles to work on the Central Florida Corridor railroad, which

is owned by FDOT. (Id. ¶ 7; Doc. 40, ¶ 7). On June 6, 2022, CSX directed Quiles to

remove brackets from a bridge using a two-man lift boom. (Doc. 1, ¶ 9). CSX told

Quiles that it would provide a lookout to ensure trains did not enter the railroad.

(Id. ¶¶ 10–11). However, while Quiles was working on the railroad, the provided

lookout abandoned her post. (Id. ¶ 12). Subsequently, an incoming train struck the

lift boom that Quiles was working on, which caused him to sustain injuries to his

back, ribs, hips, and knee. (Id. ¶¶ 15–16). Following the collision, CSX directed

Quiles to take a class led by CSX safety managers. (Id. ¶ 18). The CSX safety

managers informed Quiles that he was a borrowed servant of the railroad while he

was working on the railroad. (Id. ¶ 19). The CSX safety managers also told Quiles

that CSX was supposed to provide safety devices, and that the lookout should not

have abandoned her post under any circumstance. (Id. ¶¶ 20–21).

1 This account of the facts comes from Quiles’s Complaint and CSX’s Third-Party Complaint.

(Docs. 1, 40). The Court accepts well-pled factual allegations therein as true when considering

the motions to dismiss. See Williams v. Bd. of Regents, 477 F.3d 1282, 1291 (11th Cir. 2007).

The Court is not required to accept as true any legal conclusions couched as factual allegations.

See Papasan v. Allain, 478 U.S. 265, 286 (1986).

Consequently, Quiles filed suit against CSX. (Doc. 1 (the “Complaint”)). In

the Complaint, Quiles pursues two counts: Count I under the Federal Employers

Liability Act (“FELA”) and Count II for negligence. (Id. ¶¶ 25–32). CSX moved to

dismiss Count I of Quiles’s Complaint under Federal Rule of Civil Procedure

12(b)(6). (Doc. 29).

Soon thereafter, CSX demanded indemnification from FDOT pursuant to

the parties’ Central Florida Operating and Management Agreement, which governs

the area where the incident occurred. (Doc. 40, ¶¶ 7, 12; Doc. 40-2). Considering

CSX was unsuccessful in its demand, it then filed a Third-Party Complaint against

FDOT, alleging one count for a declaratory judgment. (Doc. 40, ¶¶ 12–14). Therein,

CSX seeks a declaratory judgment regarding FDOT’s indemnification duties under

the parties’ Central Florida Operating and Management Agreement. (Id.; Doc. 40-

2). FDOT moved to dismiss Count I of the Third-Party Complaint under Federal

Rule of Civil Procedure 12(b)(1). (Doc. 52). In the alternative, FDOT moved to

dismiss the Third-Party Complaint under Rule 12(b)(6), or for a more definite

statement under Rule 12(e). (Id. at p. 8).

The relevant Motions to Dismiss are fully briefed, and the matter is thus ripe

for review. (Docs. 29, 30, 52, 53).

II. LEGAL STANDARD

A. Subject Matter Jurisdiction

Under Federal Rule of Civil Procedure 12(b)(1), a party may challenge

subject matter jurisdiction on facial or factual grounds. Carmichael v. Kellogg,

Brown & Root Servs., Inc., 572 F.3d 1271, 1279 (11th Cir. 2009). For facial

challenges, as here, courts look to the face of the complaint and determine whether

the plaintiff sufficiently alleges standing. Stalley ex rel. U.S. v. Orlando Reg’l

Healthcare Sys. Inc., 524 F.3d 1229, 1232–33 (11th Cir. 2008). In doing so, the

court is limited to the complaint’s allegations and exhibits, which the court must

accept as true. Id. at 1232. Factual challenges, in contrast, allow courts “to consider

extrinsic evidence such as deposition testimony and affidavits.” Carmichael, 572

F.3d at 1279.

B. Failure to State a Claim

A complaint must contain “a short and plain statement of the claim showing

that the pleader is entitled to relief.” FED. R. CIV. P. 8(a)(2). Thus, to survive a

motion to dismiss made pursuant to Federal Rule of Civil Procedure 12(b)(6), the

complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim

to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)

(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

A claim is plausible on its face when the plaintiff “pleads factual content that

allows the court to draw the reasonable inference that the defendant is liable for

the misconduct alleged.” Id. The court must view the complaint in the light most

favorable to the plaintiff and must resolve any doubts as to the sufficiency of the

complaint in the plaintiff’s favor. Hunnings v. Texaco, Inc., 29 F.3d 1480, 1484

(11th Cir. 1994) (per curiam). However, though a complaint need not contain

detailed factual allegations, pleading mere legal conclusions, or “a formulaic

recitation of the elements of a cause of action,” is not enough to satisfy the

plausibility standard. Twombly, 550 U.S. at 555. “While legal conclusions can

provide the framework of a complaint, they must be supported by factual

allegations,” and the court is “not bound to accept as true a legal conclusion

couched as a factual allegation.” Iqbal, 556 U.S. at 679; Papasan v. Allain, 478 U.S.

265, 286 (1986).

In sum, the court must: reject conclusory allegations, bald legal assertions,

and formulaic recitations of the elements of a claim; accept well-pled factual

allegations as true; and view well-pled allegations in the light most favorable to the

plaintiff. Iqbal, 556 U.S. at 678–79.

III. DISCUSSION

A. CSX’s Motion to Dismiss

In Count I, Quiles seeks to recover under FELA for CSX’s alleged negligence.

(Doc. 1, ¶¶ 25–28). CSX moves to dismiss Count I of Quiles’s Complaint for failure

to state a claim. (Doc. 29). Specifically, CSX asserts that Quiles fails to allege

sufficient facts to demonstrate the first and second elements of a FELA claim. (Id.

at p. 2).

FELA, 45 U.S.C. §§ 51–60, holds railroads liable to their employees for

injuries “resulting in whole or in part from the negligence of the railroad.” 45 U.S.C.

§ 51. To recover under FELA, a plaintiff must show:

[1] that he was injured while in the scope of his employment,

[2] which employment is in furtherance of the railroad’s

interstate transportation business, [3] that his employer was

negligent, and [4] that his employer’s negligence played some

part in causing the injury for which compensation is sought

under FELA.

Green v. River Terminal Ry. Co., 763 F.2d 805, 808 (6th Cir. 1985) (internal

citations omitted); see also Brown v. CSX Transp., Inc., 18 F.3d 245, 249 (4th Cir.

1994).

As to the first element, CSX contends that Quiles was not employed by CSX.

(Doc. 29, p. 2). In support, CSX cites to Kelley v. Southern Pacific Co., 419 U.S.

318, 326 (1974), where the Supreme Court addressed the scope of FELA’s “while

employed” language. (Id. at p. 3). Under Kelley, the test to determine employment

for FELA purposes is “[t]he ‘control or right to control’ test.” Kelley, 419 U.S. at

326. In unpacking this test in Kelley, the Supreme Court highlighted several cases

to elicit the presence of control. See id.

The Kelley court first considered Robinson v. Baltimore & Ohio Railroad

Co., 237 U.S. 84 (1915). In Robinson, the Supreme Court addressed whether the

plaintiff, who was a porter for the Pullman Company and worked with Pullman

railroad cars, was an employee of the railroad. Id. The Robinson court found that,

because the Pullman company “defined their [porters’] duties, fixed and paid their

wages, directed and supervised the performance of their tasks, and placed and

removed them at its pleasure,” the plaintiff was not an “employee” of the railroad.

Id. at 492. The Kelley court then considered Chicago, Rock Island, & Pacific

Railway Co. v. Bond, 240 U.S. 449 (1916), where the plaintiff, tasked with

gathering wood and coal at a loading center, was not found to be an employee of

the railroad. In Chicago, the court found the plaintiff to be an independent

contractor because although the railroad had some “control in a sense,” it did not

have a “detailed control of the actions” of the plaintiff. Id. at 456. Lastly, the Kelley

court considered Standard Oil Co. v. Anderson, 212 U.S. 215 (1909), where the

court clarified the distinction between a contractor and an employee. In Standard

Oil, the Supreme Court “emphasized the importance of distinguishing between

‘authoritative direction and control, and mere suggestion as to details or the

necessary cooperation, where the work furnished is part of a larger undertaking.’”

Kelley, 419 U.S. at 330 (citing Standard Oil, 212 U.S. at 222).

Here, under the control or right to control test, Quiles sufficiently alleges

that CSX had the right to control Quiles’s performance—generally and at the time

of the alleged incident. See id. at 318. First, CSX ordered Quiles to complete specific

tasks and had the capacity to terminate Quiles. (Doc. 1, ¶¶ 7–8). Further, Quiles

was supervised by, directed by, and reported to CSX personnel. (Id. ¶ 26); see

Chicago, 240 U.S. at 455. Finally, CSX informed Quiles he was not under the

control of Prince Contracting when he was working on the railroad. (Doc. 1, ¶ 26).

These facts amount to CSX’s control over Quiles, consistent with the standard set

forth in Kelley. See Kelley, 419 U.S. at 318. Thus, Quiles alleges sufficient facts to

support the first element of his FELA claim.

With regard to the second element, CSX contends that Quiles “failed to

allege his employment with CSX[] was in furtherance of interstate commerce.”

(Doc. 29, p. 2). In response, Quiles asserts that he satisfies this element by showing

that the railroad engages in interstate commerce. (Doc. 30, p. 7). Neither

articulation wholly captures FELA’s scope. Rather, FELA provides that:

Any employee of a carrier, any part of whose duties as such

employee shall be the furtherance of interstate or foreign

commerce; or shall, in any way directly or closely and

substantially, affect such commerce as above set forth shall,

for the purposes of this chapter, be considered as being

employed by such carrier in such commerce and shall be

considered as entitled to the benefits of this chapter.

45 U.S.C. § 51. Thus, “the true test of employment in such [interstate] commerce

in the sense intended is, [w]as the employee, at the time of the injury, engaged in

interstate transportation, or in work so closely related to it as to be practically a

part of it?” Shanks v. Del., L. & W. R.R. Co., 239 U.S. 556, 558 (1916).

The Supreme Court has applied this standard, for employment in interstate

commerce, to a variety of circumstances. In Shanks, the Court considered a

plaintiff who was injured while working in a machine shop repairing locomotive

parts. See id. at 556. The Shanks court reasoned that, “repairing or keeping in

usable condition a roadbed, bridge, engine, car, or other instrument then in use in

such [interstate] transportation” would satisfy the standard for employment in

interstate commerce. Id. at 560. However, the plaintiff’s work in Shanks was too

remotely connected to such repairs to fall within the scope of FELA. See id. In

Pedersen v. Delaware, Lackwanna, & Western Railroad Co., 229 U.S. 146 (1913),

the plaintiff was a worker struck by a train while retrieving bolts to repair a bridge

used in interstate transportation. The Pedersen court held that, considering repair

work on the instrumentalities of interstate commerce “is so closely related to such

commerce as to be in practice and in legal contemplation a part of it,” the plaintiff

was sufficiently acting within the scope of interstate transportation. Id. at 649.

Here, Plaintiff has sufficiently alleged that Quiles’s employment was in

furtherance of CSX’s business of interstate railroad transportation. (See Doc. 1).

Unlike Shanks, where the plaintiff was working in a shop away from the railroad,

Quiles was working directly on the railroad. (See id. ¶¶ 9–10). Specifically, “CSX

ordered Quiles to remove brackets from a bridge using a two-man lift [and] Quiles

did as he was instructed, climbing into the basket, setting onto the track and

beginning to work.” (Id.). Further, like Pedersen, where the plaintiff was repairing

a bridge used in interstate transportation, Quiles was working on a railroad in this

district, which CSX operates in interstate commerce. (Id. ¶ 2). As such, Quiles

sufficiently alleges he performed work that furthered CSX’s interstate

transportation business.

Ultimately, Quiles alleges sufficient facts to satisfy the first and second

elements required for his FELA claim. Thus, CSX’s request that the Court dismiss

Count I of the Complaint is denied.

B. FDOT’s Motion to Dismiss

In Count I of the Third-Party Complaint, CSX seeks a declaratory judgment

against FDOT regarding the parties’ Central Florida Operating and Management

Agreement. (Doc. 40, ¶¶ 13–14). FDOT moves to dismiss CSX’s Third-Party

Complaint with prejudice for lack of subject matter jurisdiction under Rule

12(b)(1). (Doc. 52). FDOT asserts that, absent a relevant exception, the Eleventh

Amendment prevents federal courts from entertaining suits by private parties

against state agencies. (Id. at p. 5). In the alternative, FDOT moves to dismiss

CSX’s Third-Party Complaint under Rule 12(b)(6), or moves for a more definite

statement under Rule 12(e). (Id. at p. 8).

The Eleventh Amendment of the United States Constitution provides that

“the Judicial power of the United States shall not be construed to extend to any

suit in law or equity, commenced on or prosecuted against on one of the United

States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

U.S. CONST. amend. XI. While the text of the amendment does not explicitly so

provide, the Supreme Court has held that a state is immune from suits brought by

its own citizens in federal court. Hans v. Louisiana, 134 U.S. 1 (1890). Accordingly,

states are immune from suits brought by private parties in “federal court unless a

state has waived its sovereign immunity or Congress has abrogated it.” Cassady v.

Hall, 892 F.3d 1150, 1152–53 (11th Cir. 2018) (citing Nichols v. Ala. State Bar, 815

F.3d 726, 731 (11th Cir. 2016)). This immunity applies to “state agencies and other

arms of the state.” Id. (citing Robinson v. Ga. Dep’t of Transp., 966 F.2d 637, 638–

40 (11th Cir. 1992)).

FDOT, a Florida state agency, does not assert congressional abrogation, and

thus, the question is whether FDOT has waived its immunity. Am. Contractors

Indem. Co. v. Regis S., Inc., No. 6:20-CV-1691-ORL-31-EJK, 2020 WL 9073335,

at *2 (M.D. Fla. Nov. 18, 2020). Such a waiver exists “only if there is ‘an

unequivocal indication that the state intends to consent to federal jurisdiction that

would otherwise be barred by the Eleventh Amendment.’” Id. (citing Robinson,

966 F.2d at 640). Thus, any finding of consent must be clear and obvious, and may

not be found by mere inference. See Port Auth. Trans-Hudson Corp. v. Feeney,

495 U.S. 299, 305 (1990).

Here, there are no allegations FDOT unequivocally consented to federal

jurisdiction. (See Doc. 40). Rather, CSX relies upon Florida Department of

Transportation v. Schwefringhaus, 188 So. 3d 840 (Fla. 2016), and Pan-Am

Tobacco Corp. v. Department of Corrections, 471 So. 2d 4, 5 (Fla. 1984), to posit

that “Florida courts have previously held these actions are proper and not subject

to sovereign immunity defenses.” (Doc. 53, p. 5). However, “[t]he Eleventh Circuit

has held that this state court waiver does not extend to Florida’s Eleventh

Amendment sovereign immunity.” Am. Contractors, 2020 WL 9073335, at *2

(citing Maynard v. Bd. of Regents of Div. of Univs. of Fla. Dep’t of Educ. ex rel.

Univ. of S. Fla., 342 F.3d 1281, 1287–88 (11th Cir. 2003)). Thus, CSX’s reliance on

Schwefringhaus and Pan-Am, both state court cases, does not support a waiver of

consent for suit in federal court.

As such, the Court lacks subject matter jurisdiction over CSX’s Third-Party

Complaint pursuant to the Eleventh Amendment. FDOT’s motion to dismiss is

thus granted in part to the extent CSX’s Third-Party Complaint is dismissed

without prejudice. See McQueary v. Child Support Enf’t, 812 F. App’x 911, 914

(11th Cir. 2020) (noting that orders granting a motion to dismiss for lack of subject

matter jurisdiction are to do so without prejudice).2 Consequently, FDOT’s

requests in the alternative, under Rule 12(b)(6) and Rule 12(e), are denied as moot.

IV. CONCLUSION

For the aforementioned reasons, it is ORDERED AND ADJUDGED as

follows:

1. CSX Transportation, Inc.’s Motion to Dismiss Count I of Michael

Quiles’s Complaint (Doc. 29) is DENIED.

2. Florida Department of Transportation’s Motion to Dismiss CSX’s

Third-Party Complaint (Doc. 52) is GRANTED IN PART for lack of

subject matter jurisdiction and DENIED AS MOOT in all other

respects. CSX’s Third-Party Complaint (Doc. 40) is DISMISSED

WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to

terminate Florida Department of Transportation as a party.

DONE AND ORDERED in Orlando, Florida on August 18, 2025.

PAUL G.

UNITED STATE ISTRICT JUDGE

Copies furnished to:

Counsel of Record

Unrepresented Parties

2 “Unpublished cases do not constitute binding authority and may be relied on only to the extent

ey, yr persuasive.” Searcy v. R.J. Reynolds Tobacco Co., 902 F.3d 1342, 1355 (11th Cir.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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