Funez v. Kansas City Southern Railway Co.
Funez v. Kansas City Southern Railway Co.
Opinion of the Court
ORDER AND REASONS
Before the Court is Plaintiffs Motion for Partial Summary Judgment (Doc. 21). For the following reasons, the Motion is GRANTED IN PART. The Court finds that Defendant violated the Safety Appliance Act, 49 U.S.C. § 20301 et seq. (“SAA”), and the violation constitutes negligence per se under the Federal Employers Liability Act, 45 U.S.C. § 51 (“FELA”). The Motion is DENIED as to causation.
BACKGROUND
Plaintiff, Jonhye Funez, was employed by Defendant, Kansas City Southern Railway Company, as a switchman. On June 26, 2013, Plaintiff was working on a train that stopped at Defendant’s yard in Baton Rouge, LA. While setting handbrakes on one of the train’s railcars, Plaintiff alleges that he was holding onto the car with one hand and setting the brake with the other. Plaintiff claims that the handhold suddenly gave way as he was holding it, causing him to fall and injure himself. Plaintiff filed the instant suit seeking damages under FELA. He now files this Motion for Partial Summary Judgment on the issue of liability.
LEGAL STANDARD
Summary judgment is appropriaté “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
In determining whether the movant is entitled to summary judgment, the Court views facts in the light most favorable to the non-movant and draws all reasonable inferences in his favor.
LAW AND ANALYSIS
FELA provides that “[ejvery common carrier by railroad ... shall be liable in damages to any person suffering injury while he is employed by such carrier ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier.”
The parties do not dispute that Plaintiff was an employee of Defendant (a common carrier by railroad), or that the alleged injury occurred during the course of his employment. Thus, in order to prevail on this Motion, Plaintiff must prove that there is no genuine dispute of material fact that (1) Defendant violated the SSA, and (2) the violation caused Plaintiffs injury. Additionally, it is important to note that the standard for causation in FELA cases is different from that employed in traditional negligence cases. The Supreme Court has held that, in order to satisfy the causation requirement of FELA, a Plaintiff must prove that the FELA employer’s “negligence played a part — no matter how small — in bringing about the injury.”
I. Violation of the SSA
The SSA provides (in pertinent part) that “a railroad carrier may use or allow to be used on any of its railroad lines ... a vehicle only if it is equipped with secure grab irons or handholds on its ends and sides for greater security to individuals in coupling and uncoupling vehicles.”
Defendant admits that its own internal investigation revealed that the handhold was missing a bolt after the accident. Despite the fact that the missing bolt is, by any definition, a violation of the SSA,
II. Causation
Plaintiff must next prove that Defendant’s violation of the SSA caused him some injury. For liability purposes, it is enough that Plaintiff prove that he sustained an injury. In support of his Motion as to the causation issue, Plaintiff provided his own deposition testimony, which states that he fell onto the drawbar
In response to Plaintiffs motion, Defendant provided the affidavit of Robert Morris, a purported expert in railway safety. Mr. Morris offers the opinion that Plaintiff was solely at fault for the accident and that the unsecured handhold would not have caused Plaintiff to fall if Plaintiff was exercising proper care. Specifically, he alleges that Plaintiff failed to utilize a safe climbing technique as required by Defendant’s safety manual. Mr. Morris offers the opinion that, had Plaintiff utilized a safe climbing technique, the faulty handhold would not have caused his fall. While the Court has significant doubts as to the plausibility of this opinion, such concerns are inappropriate on a motion for summary judgment.
CONCLUSION
For the foregoing reasons, Plaintiffs Motion for Partial Summary Judgment is GRANTED IN PART. The Court finds that Defendant violated the SSA when it failed to provide a secure handhold on the railcar in question. The Court DENIES the Motion as to the issue of causation.
. Fed.R.Civ.P. 56(c) (2012).
. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
. Coleman v. Houston Indep. Sch. Dist., 113 F.3d 528 (5th Cir. 1997).
. Engstrom v. First Nat'l Bank of Eagle Lake, 47 F.3d 1459, 1462 (5th Cir. 1995).
. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
. Johnson v. Deep E. Tex. Reg. Narcotics Trafficking Task Force, 379 F.3d 293, 301 (5th Cir. 2004).
. Badon v. R J R Nabisco, Inc., 224 F.3d 382, 394 (5th Cir. 2000).
. Boudreaux v. Banctec, Inc., 366 F.Supp.2d 425, 430 (E.D.La. 2005).
. 45 U.S.C. §51.
. Crane v. Cedar Rapids & I.C. Ry. Co., 395 U.S. 164, 166, 89 S.Ct. 1706, 23 L.Ed.2d 176 (1969); see also Trinidad v. S. Pac. Transp. Co., 949 F.2d 187, 188 (5th Cir. 1991) ("The Safety Appliance Act imposes strict liability on railroads for violations of the Act’s safety standards.”).
.CSX Transp., Inc. v. McBride, - U.S. -, 131 S.Ct. 2630, 2644, 180 L.Ed.2d 637 (2011).
.49 U.S.C. § 20302.
. See, e.g., Roe v. Port Terminal R.R. Assn, 620 S.W.2d 870, 874 (Tex.Civ.App. 1981) (Finding that a grab iron which moved as little as one-half inch was not "firmly fastened” and therefore not secure within meaning of the SSA).
. Crawford-El, 523 U.S. at 600, 118 S.Ct. 1584.
. The drawbar is the device that connects two train cars to each other.
. The Court notes that this is not the first time that Mr. Morris has offered an implausible opinion in a case such as this. See Glover v. Kansas City S. Ry. Co., No. 11-2808, 2013 WL 5328507, at *3 (E.D.La. Sept. 20, 2013).
Reference
- Full Case Name
- Jonhye FUNEZ v. KANSAS CITY SOUTHERN RAILWAY COMPANY
- Cited By
- 2 cases
- Status
- Published