Glenn v. Union Pacific Railroad
2011 WY 126
| Wyo. | 2011Background
- Glenn, a blaster at Black Butte coal mine, was injured while checking train cars for door closures on June 30, 2000.
- The 102-car Union Pacific train had several dump doors open or unlocked, requiring secure closing before loading.
- Two weeks earlier a Porter-related incident prompted Black Butte to change its car-checking procedure to inspect with the train stationary.
- A June 27, 2000 letter memorialized the new procedure: inspect cars while parked, with Black Butte personnel closing doors; crew to load after checks.
- Glenn and a coworker walked the balloon track (loop) to check cars, using a pry bar to open/close doors; coking coal left in a car fell out when Glenn opened an unlocked door, fracturing his leg.
- Porter’s near-miss incident and resulting procedural change were argued by Glenn as foundational to the trial defense, but the district court excluded related evidence as inadmissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior incident evidence | Glenn: prior incident explains safety change and is relevant defense. | Union Pacific: prior incident irrelevant and prejudicial unless door opened. | Abused discretion; admissible with limiting context |
| Intervening/supervening cause instruction | Glenn: missed instruction allowed critique of nonparties’ fault. | UP: no need for intervening-cause instruction; use comparative fault framework. | No abuse; instructions adequate under comparative fault |
| Cumulative error | Glenn: exclusion of prior-incident evidence cumulatively prejudicial. | UP: no cumulative error to remand. | Not addressed; remanded for new trial on other grounds |
| Duty of care by Astaris | Astaris owed a duty; foreseeability supports liability. | No duty or foreseeability; no proximate link. | Astaris owed a duty; not reversible error on duty finding |
| Nonparty fault (Astaris) on verdict form | Allow nonparties’ fault to be considered with proper instructions. | Fault allocation proper under statute; intervening cause not required. | Permissible under statute; no error in instructions |
Key Cases Cited
- Capshaw v. WERCS, 2001 WY 68 (Wy. 2001) (reversal for restricting theory of case; right to present relevant evidence)
- Schmid v. Schmid, 166 P.3d 1285 (Wy. 2007) (remand for prejudicial evidentiary ruling; need to allow day in court)
- Winterholler v. Zolessi, 989 P.2d 621 (Wy. 1999) (prefers remand to resolve evidentiary restrictions affecting theory of case)
- Pokorny v. Salas, 81 P.3d 171 (Wy. 2003) (directed verdict standard; judgment as a matter of law similar)