284 F. Supp. 3d 910
S.D. Iowa2018Background
- Plaintiff Gayle Andrews, a BNSF conductor, alleges injuries on Oct. 15, 2014 while releasing a hand brake on a parked coal train; she first tried a quick-release lever which she says failed, then began turning the wheel and fell.
- Andrews testified she used both hands on the wheel when it "let go" and she fell; she did not report a defect immediately and later carmen inspected the train and found the hand brakes and quick-release levers working.
- Andrews brings claims under the Federal Employers' Liability Act (FELA) for negligence and under the Federal Safety Appliance Act (FSAA) alleging the hand brake was not "efficient."
- BNSF moved for summary judgment arguing Andrews' own negligence was the sole cause of her injuries; it did not separately address all elements of each statutory claim.
- The court viewed disputed issues of fact (whether the quick-release or wheel failed, and whether Andrews violated safety procedures) in Andrews' favor and denied summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BNSF is liable under FELA (causation) | The brake or quick-release failed and contributed to injury | Andrews' negligence (improper hand placement/operation) was sole cause | Genuine issue of material fact; summary judgment denied |
| Whether hand brake violated FSAA (efficiency) | The hand brake (lever or wheel) failed to function in the normal manner, making it inefficient | Quick-release played no part; Andrews' operation caused the injury | Question of inefficiency is for a jury; summary judgment denied |
| Whether contributory negligence bars recovery | Any negligent conduct at most reduces damages | Sole-cause defense should bar recovery | Court: contributory negligence is fact issue and does not bar recovery as a matter of law |
| Appropriateness of summary judgment | Evidence permits only one interpretation | No genuine dispute; judgment appropriate | Court finds multiple reasonable interpretations exist; trial required |
Key Cases Cited
- Consol. Rail Corp. v. Gottshall, 512 U.S. 532 (employer not absolute insurer; FELA requires negligence)
- Rogers v. Mo. Pac. R.R. Co., 352 U.S. 500 (FELA causation: any part, even slightest, suffices)
- Myers v. Reading Co., 331 U.S. 477 (FSAA: efficiency proven by defect or failure to function when used with due care)
- Beimert v. Burlington N., Inc., 726 F.2d 412 (8th Cir.) (FSAA causation standard; jury trial context)
- Cowden v. BNSF Ry. Co., 690 F.3d 884 (8th Cir.) (FELA duty to provide reasonably safe workplace)
- Richards v. Consol. Rail Corp., 330 F.3d 428 (6th Cir.) (FSAA/FELA causation: jury decision where multiple inferences possible)
- Winder v. Union Pacific R.R. Co., 296 Neb. 557 (state high court) (failure of quick-release lever presented jury question)
- Strickland v. Norfolk S. Ry. Co., 692 F.3d 1151 (11th Cir.) (plaintiff testimony about quick-release failure can create triable issue)