Winder v. Union Pacific RR. Co., 296 Neb. 557

Kevin M. Winder, a Union Pacific (UP) conductor, injured his back on Oct. 28, 2012 while turning a handbrake wheel after a quick-release lever failed to release a railcar’s brake.
Winder had used the quick-release lever first (training), which pulled but did not release the brake; he then attempted counterclockwise wheel rotation and felt a sudden back injury.
He reported the injury, underwent significant medical treatment including surgery, and could not return to work.
Winder sued UP under the Federal Employers’ Liability Act (FELA) and invoked the Federal Safety Appliance Acts (FSAA) theory that UP used a car with an "inefficient" handbrake because the quick-release lever failed.
At trial the district court denied Winder’s motion for a directed verdict on the FSAA claim; the jury returned a general verdict for UP. Winder appealed only the denial of the directed verdict on the FSAA issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the quick-release lever’s failure entitles Winder to a directed verdict that the handbrake was "inefficient" under FSAA	Winder: undisputed fact that quick-release lever failed to release the brake is sufficient as a matter of law to show the handbrake failed to function in the normal, natural, and usual manner	UP: evidence showed quick-release failures are common; factual dispute exists whether lever failure made the handbrake "inefficient" under FSAA	Denied — factual conflict existed about whether lever failure was outside the normal, natural, and usual operation, so jury question

Myers v. Reading Co., 331 U.S. 477 (U.S. 1947) (establishes two routes to prove handbrake inefficiency and defines “efficient/inefficient”)
Urie v. Thompson, 337 U.S. 163 (U.S. 1949) (FSAA violation may support FELA recovery)
Strickland v. Norfolk Southern Ry. Co., 692 F.3d 1151 (11th Cir. 2012) (conflicting evidence over handbrake function creates jury question)
Ballard v. Union Pacific RR. Co., 279 Neb. 638 (Neb. 2010) (state courts apply procedural rules but FELA substantive law is federal)
Wulf v. Kunnath, 285 Neb. 472 (Neb. 2013) (standard for directed verdict review)