Ciarolla v. Union Railroad Co.

338 A.2d 669, 235 Pa. Super. 137, 1975 Pa. Super. LEXIS 1596
CourtSuperior Court of Pennsylvania
DecidedApril 22, 1975
DocketAppeal, 231
StatusPublished
Cited by7 cases

This text of 338 A.2d 669 (Ciarolla v. Union Railroad Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ciarolla v. Union Railroad Co., 338 A.2d 669, 235 Pa. Super. 137, 1975 Pa. Super. LEXIS 1596 (Pa. Ct. App. 1975).

Opinions

Opinion by

Cercone, J.,

This appeal arises from the lower court’s granting of the defendant-railroad’s motion for a compulsory non-suit in an action for damages brought under the Federal Employer’s Liability Act, 45 U.S.C. §§51-60 (1971) [139]*139(FELA). The plaintiff’s claim for relief rested upon two wholly separate accidents which occurred while plaintiff was an employee of the railroad working in their “bridge and buildings department” as a repairman. The two incidents will be separately described below.

The Peters Creek Bridge Accident

In July of 1969 Patsy Ciarolla, the plaintiff, and a crew of men were assigned to replace the steel in the Peters Creek Bridge over the Union Railroad line in Clairton, Pennsylvania. Large steel beams weighing approximately 1700 pounds were to be lifted into place by means of a device called a grip hoist. Two grip hoists would be used to lift each beam with one man operating a hoist at either end of the beam. The handle of the device, which moved through a vertical arc of thirty inches, would be pushed down and pulled up by the operator. Both the downward and upward motions would move the beam two or three inches, and the operators were required to fairly synchronize their efforts lest the beam tilt too radically toward the slower worker. When that happened, the slower worker would be forced to expend a greater effort. The work was admittedly hard, and the men requested that an air winch be used instead — not because they feared injury, however, but because the winch would make their task far easier.

Operating the grip hoist was the job that Mr. Ciarol-la had been assigned to do when he injured his back. According to his testimony, in his nineteen years on the railroad he had never operated a grip hoist before the Peters Creek assignment, and on the day in question he was unable to lift his end as quickly as was his partner. While jacking the hoist he began to feel “bad” and suffered back pain. Although he did not then complain to the foreman, his back injury required his hospitalization the next day.

[140]*140 The High Grade Bridge Accident

In May and June of 1971 Mr. Ciarolla was put to work replacing1 the wooden walkway with steel grating on the railroad’s High Grade Bridge in East Pittsburgh. Part of the work involved laying steel girders upon which the grating for the walkway would eventually rest. The girders varied in length from ten feet to forty feet, weighed approximately fifty pounds per foot, and were brought to the bridge by the railroad via flatcar. Sometimes the girders were unloaded from the flatcar by crane and sometimes manually. Until the day of plaintiff’s mishap, the girders had been unloaded on the side of the tracks where they were to be placed. On. this particular day, however, for a reason unexplained in the record, the girders were unloaded on the wrong side of the tracks, and Mr. Ciarolla and two other employees were directed to carry the ten-foot girders across the tracks to the place where they were to be used. According to Mr. Ciarolla, this was the hardest work he had ever been required to do by the railroad, and he had unsuccessfully requested that a crane be assigned to do the job. The work required carrying the girders over both the northbound and southbound tracks across the bridge, while being sure to walk on the railroad ties, because there were openings between the ties with only the creek twenty-five feet below. Thus, the men had to be careful with their footing and were unable to coordinate their strides, so that the girders would frequently jerk backward and forward as the men crossed the rails and secured their footing on the ties. On one occasion, as Mr. Ciarolla stepped across a rail, he felt his back snap. Since that time, apparently, he has been unable to work for the railroad.

Forseeable Risk of Harm

Were these the only facts of record in the instant case, the court’s error in granting appellee’s motion for [141]*141a compulsory non-suit would be obvious, for the law is clear that only in the most frivolous cases may the courts deny an FELA plaintiff his qualified right to a jury trial. As the United States Supreme Court stated in the landmark case of Rogers v. Missouri Pacific Railroad Co.:1

“The Congress when adopting the law was particularly concerned that the issues whether there was employer fault and whether that fault played any part in the injury or death of the employee should be decided by the jury whenever fair-minded men could reach these conclusions on the evidence.
“The decisions of this Court . . . teach that the Congress vested the power of decision in these actions exclusively in the jury in all but the infrequent cases where fair-minded jurors cannot honestly differ whether fault of the employer played any part in the employee’s injury.” 352 U.S. at 508, 510.

In the instant case, a jury could reasonably determine that the work the railroad required of Mr. Ciarolla involved an unreasonable risk of harm. In the Peters Creek accident reasonable minds could differ on whether requiring Mr. Ciarolla to use a grip hoist, to lift 1700 pound beams for the first time was negligent.2 Or, the jury might have determined that Mr. Ciarolla’s fellow employee was negligent in raising his end faster than Ciarolla’s, thereby shifting the weight of the girders to Ciarolla.

[142]*142The likelihood of the jury’s finding the railroad negligent with regard to the High Grade Bridge accident is even greater. One could reasonably determine that carrying a five hundred pound beam over such treacherous footing, as the load shifted with every uncoordinated stride of the three men, involved an unreasonable risk of harm, especially since the railroad’s unloading procedure had previously avoided such a necessity.3

Causation

Thus, the remaining question is whether the potentially “negligent conduct” of the railroad caused the back injuries to Mr. Ciarolla.4 In this regard additional facts become relevant. Since 1965, at least, Mr. Ciarolla suffered with a chronic back problem, an ailment which he had never mentioned to the railroad. Indeed, from 1965 to 1969 his back frequently bothered him so severely that he had to visit his chiropractor for relief.

Having discovered Mr. Ciarolla’s history of back ailments only after these proceedings were instituted, the railroad successfully contended below that the work required of Mr. Ciarolla was not dangerous, and that his injury occurred only because of his weak back. Furthermore, the railroad argued, Mr. Ciarolla was negligent in not advising the railroad of his ailment and requesting lighter duties. Thus, Mr. Ciarolla’s history of back trouble lent weight to the railroad’s argument that their conduct was not negligent, and raised the possibility that Mr. Ciarolla’s own negligence was the sole cause of his injury.

[143]*143While the contributory negligence of Mr. Ciarolla, if any, may be considered on the question of damages as a partial defense, it is improper to consider it in evaluating the propriety of the railroad’s conduct. In Buffo v. Baltimore & Ohio R.R. Co., 364 Pa.

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Ciarolla v. Union Railroad Co.
338 A.2d 669 (Superior Court of Pennsylvania, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
338 A.2d 669, 235 Pa. Super. 137, 1975 Pa. Super. LEXIS 1596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciarolla-v-union-railroad-co-pasuperct-1975.