Winder v. Union Pacific RR. Co.
296 Neb. 557
| Neb. | 2017Background
- Kevin Winder, a Union Pacific conductor, injured his back while turning a handbrake wheel after the quick-release lever failed to release a railcar brake.
- Winder alleged violations of the Federal Safety Appliance Acts (FSAA) and sought recovery under the Federal Employers’ Liability Act (FELA). FSAA violations can support recovery under FELA without separate negligence proof.
- Evidence at trial: Winder and his expert testified the quick-release failed and that failure indicates inefficiency; UP witnesses testified quick-release failures are common in the industry.
- At the close of evidence, Winder moved for a directed verdict on the FSAA claim; the district court denied the motion.
- The jury returned a general verdict for UP. Winder appealed solely arguing the court should have directed verdict for him on the FSAA claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the quick-release lever failing to release the brake entitles Winder to a directed verdict that the handbrake was "inefficient" under FSAA | Winder: undisputed failure of the quick-release proves the handbrake failed to function in the normal, natural, and usual manner and is inefficient as a matter of law | UP: evidence showed quick-release failures are common; factual dispute whether the handbrake was inefficient | Denied — conflicting evidence created a jury question; directed verdict inappropriate |
| Whether an FSAA violation supplies the basis for FELA recovery without separate negligence proof | Winder: FSAA violation establishes liability allowing recovery under FELA | UP: (did not dispute legal principle; disputed whether FSAA violation proved) | Confirmed legal principle that FSAA provides the basis and FELA the remedy; but FSAA violation was a factual question for jury |
Key Cases Cited
- Myers v. Reading Co., 331 U.S. 477 (U.S. 1947) (establishes two ways to prove handbrake inefficiency under FSAA and defines "efficient")
- Urie v. Thompson, 337 U.S. 163 (U.S. 1949) (explains relation between FSAA and FELA; FSAA provides basis and FELA the remedy)
- Strickland v. Norfolk Southern Ry. Co., 692 F.3d 1151 (11th Cir. 2012) (conflicting evidence about handbrake operation creates jury question rather than a legal ruling)