Williams v. Union Pacific Railroad
Williams v. Union Pacific Railroad
Opinion of the Court
MEMORANDUM RULING
Before the court is a Motion for Summary Judgment [Doc. 16], filed by the defendant, Union Pacific Railroad (UP). The plaintiff, Clarence Williams, filed a Memorandum in Opposition to Defendant’s Motion for Summary Judgment [Doc. 20]. to which the defendant has timely filed a reply [Doc. 23]. For the following reasons, the defendant’s Motion for Summary Judgment is hereby GRANTED, and all claims against defendant are hereby DISMISSED WITH PREJUDICE.
FACTS AND PROCEDURAL BACKGROUND
This case arises from injuries sustained by the plaintiff on the evening of April 21, 2011, in the UP railyard in Lake Charles, Louisiana.
The plaintiff filed a complaint in the Fourteenth Judicial Court of Calcasieu Parish, Louisiana, against UP, John A. Kingery, the train’s engineer, Chris Stanley, the train’s conductor, and XYZ Insurance.
A grant of summary judgment is appropriate if, considering the pleadings, affidavits, and available discovery, “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. Pro. 56(a). “A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party.” Am. Family Life Assur. Co. v. Biles, 714 F.3d 887, 896 (5th Cir. 2013) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). In considering a grant of summary judgment, a court shall “construe all facts and inferences in the light most favorable to the nonmoving party.” Curtis v. Anthony, 710 F.3d 587, 594 (5th Cir. 2013) (citing Murray v. Earle, 405 F.3d 278, 284 (5th Cir. 2005)). Further, a court “may not make credibility determinations or weigh the evidence.” Haverda v. Hays Cnty., 723 F.3d 586, 591 (5th Cir. 2013) (citations omitted).
“The moving party bears the burden of demonstrating that summary judgment is appropriate.” Horton v. C.C.A. Props. of Am., L.L.C., No. 12-20404, 2013 U.S.App. LEXIS 9358, at *8 (5th Cir. May 8, 2013) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). The party moving for summary judgment is initially responsible for demonstrating the reasons justifying the motion by identifying portions of pleadings and discovery that show the lack of a genuine issue of material fact for trial. Tubacex, Inc. v. M/V Risan, 45 F.3d 951, 954 (5th Cir. 1995). However, if the burden of proof is to be borne by the nonmoving party at trial, the moving party may meet its burden by identifying evidence in the record that negates an essential element of the nonmoving party’s claim. See Celotex, 477 U.S. at 325, 106 S.Ct. 2548. “If the moving party fails to meet this initial burden, the motion must be denied, regardless of the nonmovant’s response.” Id. If the movant, however, meets this burden, then the burden shirts to the non-moving party to “designate specific facts showing that there is a genuine issue for trial.” Tubacex, Inc. v. M/V Risan, 45 F.3d 951, 954 (5th Cir. 1995).
LAW & ANALYSIS
The defendant argues that it owed no duty to the plaintiff in this case, as the plaintiff was essentially a trespasser.
owners, lessees, and custodians of ... movable or immovable property shall not be answerable for damages sustained by any person who enters upon ... movable or immovable property without express, legal or implied authorization .... [Hjowever, the owner, lessee or custodian of the property may be answerable for damages only upon a showing that the damages sustained were the result of intentional acts or gross negligence of the owner, lessee or custodian.
La.Rev.Stat. Ann. § 14:63(H). The defendant thus asserts that, as plaintiff is unable to demonstrate either gross negligence or an intentional act on the part of the defendant, the defendant is not subject to liability for the plaintiffs injuries.
The plaintiff, however, argues that the trespass statute does not apply, as the defendant consented to the plaintiffs presence in the railyard.
The plaintiff further relies on a Louisiana Third Circuit case, Perrin v. Randy Tupper Homes, 21 So.3d 474 (La.Ct.App. 2009). In Perrin, the plaintiff, a woman looking to purchase a new home, injured herself by falling off of a makeshift wooden pallet walkway as she approached a home which bore a sign advertising the real estate company listing the property, thus indicating the home was for sale. Id. at 474. In evaluating whether the defendant was insulated under the provisions of La.Rev.Stat. Ann. § 14:63(H), the court held that the plaintiff was not a trespasser. Id. at 475. In so doing, the court relied on La.Rev.Stat. Ann. § 14:63(F), which states:
The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing: (3) Any person making a delivery, licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication.
Perrin, 21 So.3d at 475 (quoting La.Rev.Stat. Ann. § 14:63(F)(3)). Thus, the plain
Furthermore, the plaintiff makes much of the fact that there were insufficient warning signs or “No Trespassing” signs posted.
The plaintiff acknowledges that “[f]or the most part, the rail yard has barriers in the form of fencing and trees that prevent access by the general public,” most of which are “equipped with razor wire ... as an additional deterenft].”
JUDGMENT
For the foregoing reasons, the defendant’s Motion for Summary Judgment [Doc. 16] is GRANTED, and all claims against the defendant are hereby DISMISSED WITH PREJUDICE.
. Mem. in Opp. to Def.’s Mot. for Summ. J. [Doc. 20], at 1-2.
. Id. at 2.
. Id.
. Clarence Williams Deposition, Ex. B [Doc. 16-3], at 86.
. Pl.'s CompL, [Doc. 1-2], at 2-6.
. Not. of Removal, [Doc. 1],
. Mot for Summ. J. [Doc. 16-1], at 8.
. Reply to Pl.'s Opp. to UP’s Mot. for Summ. J. [Doc. 23], at 1.
. Mem. in Opp. To Def.’s Mot. for Summ. J. [Doc. 20], at 4.
. Id. at 4-5.
. Id.
. Mem. in Opp. to Def.’s Mot. for Summ. J. [Doc. 20].
. Id. at 4.
. Clarence Williams Deposition, Ex. B [Doc. 16-3], at 76, 96.
Reference
- Full Case Name
- Clarence WILLIAMS v. UNION PACIFIC RAILROAD COMPANY, John A. Kingrey, Chris D. Stanley and XYZ Insurance Company
- Status
- Published