Railroad Liability (FELA, Federal Safety Appliance Act, CFR 49) – Plaintiff, a 33 year old switchman/brakeman for Union Pacific Railroad, alleged that Union Pacific failed to provide him with a safe workplace and safe equipment resulting in severe personal injuries. Plaintiff underwent two back surgeries and claimed he was permanently disabled and unable to return to work for the railroad in any capacity. Plaintiff filed suit against Union Pacific for claims under the Federal Employer’s Liability Act (FELA), the Federal Safety Appliance Act, and the Code of Federal Regulations Section 49. Under FELA, a railroad is liable if its negligence played any part, even the slightest, in producing the employee’s injury. Following a 15-day jury trial, the jury agreed with the defense that Union Pacific did not violate the Federal Safety Appliance Act or the Code of Federal Regulations Section 49, but found liability against Union Pacific only under FELA. The jury also agreed with the defense that plaintiff’s own negligence contributed to his harm, finding him 33% responsible for the incident. Plaintiff prayed for damages in excess of $2,000,000.00, and the jury awarded him less than one third of that. Plaintiff, through his railroad union attorney, also sought recovery of expert fees in excess of $90,000.00. The Court agreed with the defense that FELA prohibited such a recovery and denied same.
