Collins v. Union Pacific Railroad
207 Cal. App. 4th 867
| Cal. Ct. App. | 2012Background
- Collins, Hulcher worker, injured when a Hulcher crane block fell at a derailment site.
- Collins pursued workers’ compensation against Hulcher and then a FELA action against Union Pacific as a special/borrowed employee theory.
- Jury found Union Pacific liable under FELA; damages awarded $3,945,493.93, remitted to $2,695,493.93.
- Trial court reduced noneconomic damages and offset the WC lien by attorney fees; final judgment issued.
- Collins and Union Pacific both appealed; overall judgment affirmed on appeal.
- Derailment occurred Sept. 7–8, 2003 near Beaumont; staging area and UP supervision over Hulcher’s work at derailment site.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusivity of workers’ compensation versus FELA recovery | Collins may pursue FELA despite WC benefits. | WC exclusivity bars dual recovery against railroad. | FELA recovery permitted; WC benefits credited against FELA award. |
| Whether Collins was a special/borrowed employee of Union Pacific | Evidence supports Unified UP control over the work. | Insufficient evidence of UP control. | Substantial evidence supports UP’s right to control; Collins a special/borrowed employee. |
| Properness of reducing the WC lien to pay attorney fees | Lien reduction improperly minimizes damages payable to Collins. | Labor Code permits setoff and fees from judgment. | Court properly reduced the lien and ordered attorney fees payable from the judgment. |
| Whether trial court erred in granting new trial on excessive damages while remittitur was accepted | Remittitur did not bar appeal on excess damages; misconduct arguments raised. | Excessive damages supported by record; remittitur waiver rules apply. | No abuse of discretion; conditional new trial upheld. |
| Whether judgment properly reflected repayment of the WC lien affecting prejudgment interest | Setoff denied him prejudgment interest on lien portion. | Statutory setoff required by Labor Code 3856. | Judgment properly reflects lien repayment; prejudgment interest governed by statute. |
Key Cases Cited
- Kelley v. Southern Pacific Co., 419 U.S. 318 (U.S. Supreme Court (1974)) (special employment and FELA coverage when dual employment exists)
- DeShong v. Seaboard Coast Line R.R., 737 F.2d 1520 (11th Cir. 1984) (dual recovery under FELA and state WC scheme affirmed)
- Freeman v. Norfolk & Western Ry., 596 F.2d 1205 (4th Cir. 1979) (election not binding; credit against FELA award)
- Engle v. Endlich, 9 Cal.App.4th 1152 (Cal. App. 1992) (employer’s contributory negligence defense and setoff considerations)
- Richards v. Owens-Illinois, Inc., 14 Cal.4th 985 (Cal. 1997) (concurrent negligent employer precludes WC recoupment setoff)
- Manthey v. San Luis Rey Downs Enterprises, Inc., 16 Cal.App.4th 782 (Cal. App. 1993) (WC lien must be satisfied from judgment as per statute)
- Crampton v. Takegoshi, 17 Cal.App.4th 308 (Cal. App. 1993) (assignment of WC lien to defendant; subrogation rights)
- Kindt v. Otis Elevator Co., 32 Cal.App.4th 452 (Cal. App. 1995) (employee attorney fees out of judgment when no intervener)
- Neal v. Farmers Ins. Exchange, 21 Cal.3d 905 (Cal. 1978) (standard for new trial on excessive damages; 13th juror concept)
- Cassim v. Allstate Ins. Co., 33 Cal.4th 780 (Cal. 2004) (golden rule improper arguments; misconduct if jury misled)
- Loth v. Truck-A-Way Corp., 60 Cal.App.4th 757 (Cal. App. 1998) (golden rule and improper prejudicial argument)