BREADY, FREDERICK v. CSX TRANSPORTATION, INC.
89 A.D.3d 1386
| N.Y. App. Div. | 2011Background
- Plaintiffs Bready and Harris, as CSX employees' passengers, were injured in a chain-reaction rear-end collision involving four vehicles.
- The CSX vehicle, operated by Elaine C. Bailey, was stopped at a red light when the accident occurred.
- Bailey and plaintiffs were in the course of employment with CSX at the time of the crash.
- Plaintiffs sued CSX under FELA for negligence and proximate cause; CSX moved for summary judgment; the Supreme Court denied the motions.
- The appellate court reversed, granting CSX summary judgment and dismissing the complaint and cross-claims against CSX.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CSX is entitled to summary judgment under FELA. | Bailey's actions could have contributed to the injury. | There is no evidence Bailey's actions caused the injuries; no triable issue. | Yes; CSX is entitled to judgment as a matter of law. |
| Whether Bailey's revoked license is relevant to CSX's duty under FELA. | Revocation is highly relevant to CSX's duty to provide a safe workplace. | License status is irrelevant to Bailey's operation of the CSX vehicle. | Irrelevant to liability; license status does not create triable issues. |
Key Cases Cited
- Rogers v. Missouri Pac. R.R. Co., 352 U.S. 500 (1957) (FELA causation broad; relaxed proximate cause standard)
- Urie v. Thompson, 337 U.S. 163 (1949) (FELA remedial purpose; broad scope of duty)
- Hotaling v. CSX Transp., 5 A.D.3d 964 (N.Y. App. Div. 3d Dept. 2004) (negligence under FELA may be found even if part of liability is slight)
- Zuckerman v. City of New York, 49 N.Y.2d 557 (1980) (procedural standard for summary judgment in NY)