Plaintiff-appellant Rochester Walker brought this claim pursuant to the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-61 (“FELA”), against defendant-appellee Northeast Illinois Regional Commuter Railroad Corporation (“Metra”) for injuries he sustained while moving a piece of equipment from the floor to a table. The district court granted summary judgment for Metra, and Walker appeals.
I. BACKGROUND
On March 9,1995, Walker was employed as a machinist by Metra at the 49th Street Car Shop in Chicago, Illinois. As part of Walker’s duties for the day, he assisted machinist Edward Greer in replacing the blades on a Benton shear, which is used for cutting sheets of metal. Each blade was ten feet long, four inches high, one inch wide, and weighed approximately 140 pounds. The men were to move the first blade, from four-inch-high wooden blocks on the floor, to a table approximately three feet in height.
Walker testified that the men followed proper lifting procedure for the lift. The men squatted down and, facing each other, took hold of the ends of the blade. The lift was performed in unison. The men counted to three and, with backs straight and using their leg strength, lifted the blade about two and a half feet, placing it on the table. During the lift, Walker experienced pain in his back as the blade neared the height of the table. Walker testified that, when he experienced the back pain, the blade was at an angle, being higher near Greer’s end. Walker made no estimate of the difference in the height of the ends of the blade. Both an overhead crane (hoist)
Walker filed a FELA claim against Me-tra for damages sustained in the lifting incident on January 15, 1997. He alleged negligence on the part of Metra: first, for violation of Metra Safety Rule B 83(c); 2 second, for requiring him to lift more than fifty pounds; and third, for failing to make mechanical lifting devices available for use in changing the blade. 3 Metra- moved for summary judgment, arguing that the lift was reasonably safe and done in conformity with Metra’s lifting rules. The district court granted Metra’s motion finding that Walker failed to offer any evidence of negligence by Metra. Walker filed a motion to reconsider which the district court denied. Walker filed this timely appeal.
II. ANALYSIS
We review the district court’s grant of summary judgment
de novo. Miller v. American Family Mut. Ins. Co.,
Under the FELA, “Every common carrier by railroad ... shall be liable in damages to any person suffering injury while he is employed ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier.” 45 U.S.C. § 51. The intent of the FELA is to provide broad remedial measures for railroad employees.
Lisek v. Norfolk and Western Ry. Co.,
Walker’s first claim of negligence is based on the assertion that the difference in height between himself and Greer caused the blade to be lifted at an angle, resulting in a weight shift toward Walker. However, Walker failed to show any appreciable shift in weight as a result of the tilt in the blade. First, Walker could not estimate the degree of tilt, nor did he testify that the weight of the blade shifted toward him at any point during the lift. Second, the height difference between the men was mistaken by Walker’s expert, Gary Mallen. In his deposition, Mallen understood Greer to be approximately six-feet-three-inches tall when, according to Walker’s brief, Greer is approximately five-feet-eleven-and-a-half-inches tall. Walker is approximately five-feet-eight-inches tall. Under this misconception of difference in height, Mallen testified that due to the height differential Walker carried greater weight when the blade was lifted. Mallen could not estimate the amount of weight shift that resulted from
Walker next argues that Metra was negligent by requiring him to lift more than fifty pounds. However, Walker did not offer any evidence that he was under a fifty-pound lifting restriction in his position as a Metra machinist. First, despite his assertions on appeal, Walker did not testify that fifty pounds was the maximum lift requirement for Metra machinists or that he was restricted to a fifty-pound weight limit. He only stated that machinists were required to lift fifty pounds. Second, Walker testified that he was unsure whether, as a machinist, he was in a heavy duty category that required him to lift up to one hundred pounds. Third, Walker testified that the lifting of the blade was generally assigned to machinists and that it was “machinist’s work.” Additionally, three of the witnesses, including Walker’s expert, testified that machinists occasionally were required to lift up to one hundred pounds. Walker relies on bid documents for the diesel house machinist and machinist inspector positions which state that employees must be able to lift approximately fifty pounds. These bid documents, submitted on the motion to reconsider, were not for the airbreak room machinist position which Walker held and do not state that fifty pounds was the maximum machinists were required to lift. 4
Walker cites
Heater v. Chesapeake and, Ohio Railway Co.,
Finally, Walker argues that Metra was negligent in configuring the shop in such a way as to prohibit the use of mechanical lifting aids. However, Walker failed to show that lifting the blade manually was not a reasonably safe method.
III. CONCLUSION
The district court’s grant of summary judgment is
Affirmed.
Notes
. According to Walker’s deposition, if they had tried to use the hoist it would have been dangerous because they would need to swing the blade three or four feet from the hoist to the table area. The men were not able to use the forklift because there was a table, bolted to the floor, in the way.
. Metra Safety Rule B 83(c) provides, "When two or more persons handle heavy or bulky material or objects, the following precautions must be taken: ... Place workers according to size, strength, and experience.” While Walker also cites to Metra Safety Rule B 83(e), relating to the necessity of coordinating team lifts, his own testimony shows that the lift was coordinated as required by Metra regulations.
.Metra Safety Rule B 82(h) provides that when lifting: “Heavy work should be done with mechanical equipment where available; otherwise, with the assistance of fellow workers.”
. The bid documents are of no help to Walker, therefore, we will not address Metra’s arguments as to their timeliness.
. The plaintiff in
Heater
was employed by the railroad as a carman, inspecting and repairing railroad cars. Heater was asked to help unload a boxcar full of yokes that weighed over two hundred pounds each.
Heater,
.The plaintiff in
Harbin
cleaned the heating boilers in the "roundhouse” once a year. The work area was not ventilated and became filled with exhaust fumes and flooded with soot and debris from cleaning the boiler. The railroad had received repeated complaints about the inadequate ventilation from Harbin and other employees but took no action.
Harbin,
