Rice v. BNSF Railway Co.
346 S.W.3d 360
Mo. Ct. App.2011Background
- Rice filed a FELA action against BNSF for CTS, lumbar spondylosis, and low back pain allegedly caused by BNSF’s unsafe work practices.
- RP-13 rail gang work involved repetitive heavy manual tasks, crane hooker duties, vibration-heavy tools, and limited crew size.
- Safety guidance shifted toward hydraulic spike pullers; however, RP-13 gang did not use them, and gloves were inconsistently provided.
- Rice claimed BNSF failed to repair a defective Grove crane guide wheel and to provide adequate staffing, contributing to his injuries.
- Trial court granted BNSF’s directed-verdict motion; the court did not state reasons; Rice appeals seeking reversal and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Rice’s case submissible on causation under FELA? | Rice shows BNSF’s negligence contributed to injuries. | Evidence insufficient to prove causal link between specific acts and injuries. | Yes; substantial evidence supported causation under FELA. |
| Was Rice’s accrual date within three years of filing, defeating statute of limitations? | Accrual occurred around 2006; timely filing. | Accrual earlier; statements suggested pre-2006 awareness. | Question of fact; accrual within three years of filing; remand. |
Key Cases Cited
- Euton v. Norfolk & Western Ry. Co., 936 S.W.2d 146 (Mo.App. E.D.1996) (FELA causation includes even slight negligence contribution; liberal preuve standard)
- Brandt v. Pelican, 856 S.W.2d 658 (Mo. banc 1993) (Admissibility vs. submissibility; weight to jurors)
- Briggs v. Kansas City Southern Ry. Co., 925 S.W.2d 908 (Mo.App. W.D. 1996) (FELA remedial scope; jury decision-making role)
- Ramsey v. Burlington Northern & Santa Fe Ry. Co., 130 S.W.3d 646 (Mo.App. E.D.2004) (Foreseeability; knowledge/notice as to unsafe condition)
- Sabacka v. Burlington Northern and Santa Fe Ry. Co., 54 S.W.3d 605 (Mo.App. W.D.2001) ( accrual in ongoing exposure cases; fact question for accrual date)