Wardwell v. Union Pacific R.R. Co.
2017 IL 120438
| Ill. | 2017Background
- Christopher Wardwell, a Union Pacific employee, was injured when a company van driven by co-worker Regina Goodwin was rear-ended by Erin Behnken on Aug. 9, 2008; Wardwell sued under the Federal Employers’ Liability Act (FELA).
- Evidence showed Goodwin changed lanes up to 20 seconds before the collision; Behnken was intoxicated, speeding, testified she didn’t see the van, and struck the van from behind.
- The jury returned a verdict for Union Pacific; Wardwell moved for a new trial arguing the railroad improperly argued a “sole-cause” defense that Behnken alone caused the injury.
- The trial court denied the new-trial motion; the appellate court (divided) reversed, holding FELA bars a defendant from arguing a third party was the sole cause.
- The Illinois Supreme Court granted review and considered whether a railroad may argue that a third party’s negligence was the only cause of the employee’s injury under FELA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a FELA defendant may argue a third party was the sole negligent cause of the employee’s injury | Wardwell: FELA does not permit a defendant to advance a sole-cause defense based on third-party negligence | Union Pacific: Jury must be allowed to consider all circumstances, including that a third party (Behnken) was the only cause | Yes. The railroad may argue third-party sole cause; jury may consider whether employer negligence played any part |
| Whether the jury instructions and trial court’s refusal of plaintiff’s proffered instructions were erroneous | Wardwell: Instructions improperly allowed sole-cause defense and failed to emphasize Rogers/CSX low causation threshold | Union Pacific: Instructions accurately stated FELA standard and permitted consideration of all facts | No error. The court found instructions legally proper; jury received correct FELA causation standard |
| Whether the verdict was against the manifest weight of the evidence such that a new trial was required | Wardwell: Allowing sole-cause argument led to an unreasonable verdict contrary to evidence | Union Pacific: Evidence supported verdict that railroad did not cause injury even in part | No. Appellate court reversal vacated; trial court’s denial of new trial was affirmed |
Key Cases Cited
- CSX Transp., Inc. v. McBride, 564 U.S. 685 (discussing FELA causation standard and approving Rogers-derived jury instructions)
- Rogers v. Mo. Pac. R.R. Co., 352 U.S. 500 (establishing FELA’s relaxed causation test: employer negligence must play any part, even slightest)
- Norfolk & W. Ry. Co. v. Ayers, 538 U.S. 135 (holding FELA incorporates joint-and-several liability among concurrent tortfeasors)
- Inman v. Balt. & Ohio R.R. Co., 361 U.S. 138 (recognizing third-party sole causation can preclude railroad liability)
- Southern Ry. Co. v. Youngblood, 286 U.S. 313 (discussing defenses when employee’s own negligence is sole cause)
- Best v. Taylor Machine Works, 179 Ill. 2d 367 (explaining joint-and-several liability doctrine in Illinois)
- Myers v. Ill. Cent. R.R. Co., 629 F.3d 639 (7th Cir. summarizing that FELA requires proof railroad negligence caused the injury)