James Szekeres v. CSX Transportation, Inc.
731 F.3d 592
6th Cir.2013Background
- Plaintiff James Szekeres, a CSX brakeman, slipped on a muddy incline near the Valley City ground switch while on duty on Jan. 4, 2006, and tore his right meniscus. He had left the locomotive to urinate because the onboard toilet was unsanitary.
- CSX safety rules required employees to stand ~10 feet behind the switch while operating it; the area behind the switch lacked ballast and was described as muddy by multiple witnesses; photos corroborated muddy conditions.
- Plaintiff sued under the Federal Employers Liability Act (FELA) and the Locomotive Inspection Act (LIA); a jury found CSX violated LIA, was negligent under FELA, and awarded $49,000 (jury apportioned comparative fault 60% CSX / 40% plaintiff for FELA). LIA liability was not reduced for comparative fault.
- District court granted CSX’s Rule 50(b) renewed JMOL, relying on the Supreme Court’s discussion of Nicholson in CSX Transp., Inc. v. McBride, and vacated the jury verdict; it did not rule conditionally on CSX’s Rule 59(a) new-trial motion.
- Sixth Circuit reversed the JMOL, holding that (1) the facts are distinguishable from Nicholson and not a “far out ‘but for’ scenario,” and (2) there was sufficient evidence (testimony, photos, corroboration, and industry practice) that CSX’s unsanitary toilet and failure to provide ballast/muddy conditions played some part in causing the injury.
- The Sixth Circuit also held that any error admitting plaintiff’s expert (Arton) was harmless and denied CSX’s motion for a new trial; it ordered reinstatement of the jury verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of causation for LIA claim | Szekeres: unusable toilet forced him to relieve himself outdoors at his worksite; muddy, unballasted area caused his fall — LIA violation was a cause. | CSX: McBride’s endorsement of Nicholson compels JMOL because plaintiff’s injury was a remote "but-for" result of lack of toilet. | Reversed JMOL; facts distinguishable from Nicholson; jury could find LIA violation caused injury. |
| Sufficiency of causation for FELA claim | Szekeres: relaxed FELA causation standard (any part, even slightest) satisfied by testimony, photos, and industry practice linking mud to slip. | CSX: plaintiff’s proof is speculative (no testimony he saw mud on his boots); insufficient to show railroad negligence played any part. | Reversed JMOL; substantial evidence permitted reasonable inference mud accumulated on boots and CSX negligence played a part. |
| Admission/impact of plaintiff’s expert (Arton) | Arton: ballast reduces slip risk; lack of ballast created foreseeable hazard; supported by other witnesses. | CSX: Arton’s testimony should have been excluded and may have unduly influenced jury. | Court assumed any error in admitting Arton was harmless because similar testimony came from lay witnesses; denial of new trial. |
| Remedy after district court failed to rule conditionally on Rule 59(a) motion | Szekeres: ask appellate court to decide new-trial motion to avoid remand and another trial. | CSX: prefer remand for district court to rule initially. | Appellate court exercised discretion to rule; denied Rule 59(a) motion and reinstated verdict. |
Key Cases Cited
- CSX Transp., Inc. v. McBride, 131 S. Ct. 2630 (2011) (reaffirmed Rogers relaxed FELA causation standard but cautioned against submitting far‑fetched "but-for" scenarios to juries)
- Rogers v. Missouri Pac. R.R., 352 U.S. 500 (1957) (FELA causation: employer negligence that "played any part, even the slightest," in producing injury suffices)
- Nicholson v. Erie R.R. Co., 253 F.2d 939 (2d Cir. 1958) (dismissing FELA claim where injury while seeking lavatory was too remote; cited in McBride as an example of a far‑out scenario)
- Gallick v. Baltimore & Ohio R.R., 372 U.S. 108 (1963) (reasonably foreseeable harm is an essential ingredient of FELA negligence)
- Richards v. Consolidated Rail Corp., 330 F.3d 428 (6th Cir. 2003) (plaintiff testimony alone may suffice to show an appliance or condition caused injury)