Connor v. Union Pacific Railroad

972 P.2d 414, 351 Utah Adv. Rep. 28, 1998 Utah LEXIS 67, 1998 WL 598797
CourtUtah Supreme Court
DecidedSeptember 11, 1998
DocketNo. 970438
StatusPublished
Cited by2 cases

This text of 972 P.2d 414 (Connor v. Union Pacific Railroad) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connor v. Union Pacific Railroad, 972 P.2d 414, 351 Utah Adv. Rep. 28, 1998 Utah LEXIS 67, 1998 WL 598797 (Utah 1998).

Opinion

RUSSON, Justice:

INTRODUCTION

Harry Duncan Connor appeals from a district court’s grant of Union Pacific Railroad Company’s motion for summary judgment. We reverse.

BACKGROUND

The following facts are undisputed for purposes of this appeal. On November 2, 1993, at approximately 11:30 a.m., Connor sustained catastrophic injury (traumatic amputation) to both arms when he was struck by a moving railcar in Union Pacific’s railyard facility in Salt Lake City, Utah. Connor — a 45-year-old, self-described transient from Chicago, Illinois — entered the railyard in the vicinity of 400 North Street and walked south along a dirt road to Track No. 56, one of three “stub” tracks on which Union Pacific stores its railcars. Tracks No. 56, 57, and 58 are adjacent parallel “stub” tracks located virtually in the middle of the railyard, which terminate at an,earth embankment near the 300 North Street public crossing.

Connor entered the railyard with the intention of finding a place to “read and relax.” However, a Union Pacific train crew was “shoving” grain railcars on Track No. 56 and did not see Connor, who admits that he had situated himself in a position adjacent to a standing railcar on the track where he could not be seen by passing railroad personnel or by the train crew. Less than fifteen minutes after he entered the yard, one of the railcars ran over Connor, causing severe injuries. Following the accident, Connor was transported to a local hospital, where it was confirmed that he had a blood alcohol level of approximately :31 an hour after the accident occurred.

In August 1995, Connor sued Union Pacific for damages under a negligence theory of tort liability. After the parties conducted discovery, Union Pacific filed a motion for summary judgment, arguing in its supporting memorandum and at oral argument that Connor was a trespasser to whom it owed no duty of care. Connor argued that he fell under the common law “habitual trespasser” exception of the Restatement (Second) of Torts § 334, which this court recently adopted in Lopez v. Union Pac. Railroad, 932 P.2d 601 (Utah 1997), and that Union Pacific therefore owed him a duty of reasonable care. The district court granted Union Pacific’s motion for summary judgment, stating in its minute entry dated August 19, 1997, that Union Pacific’s motion was granted “for the reasons set forth in the supporting memoranda and articulated at oral argument.”

On appeal, Connor argues that the district court erred in granting Union Pacific’s motion for summary judgment because Lopez suggests the need to have a fact finder decide case-specific issues of material fact that will be present in nearly any railroad trespassing case. Specifically, Connor asserts that under Lopez, a landowner must exercise a duty of reasonable care to a known or anticipated trespasser when the burdens of preventing injury imposed on the landowner are slight and the risk of harm to the tres[416]*416passer is great. According to Connor, Union Pacific breached its duty of reasonable care when it failed to follow some of its internal safety procedures, which, if followed, would have prevented the accident.

In response, Union Pacific raises the following three arguments in its brief: (1) as a matter of law, Connor did not have an implied license to trespass within the context of the Restatement’s section 334; (2) whether Union Pacific followed its operating rules in moving the railcars, along the stub tracks is not relevant to whether Connor had an implied license to trespass; and (3) assuming arguendo that Connor had an implied license to trespass, he falls within Utah Code Ann. § 57-14-1 (the “recreational use” statute) as a matter of law.1

STANDARD OF REVIEW

Summary judgment is proper only when “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Utah R. Civ. P. 56(c).

ANALYSIS

Connor argues that our recent decision in Lopez precludes summary judgment in the instant case. According to Connor, Lopez adopted a balancing approach of weighing burdens and risks that are necessarily fact dependent and that can be resolved only by the fact finder.

In Lopez, several sets of railroad “spur” tracks ran through an industrial area in Ogden, Utah. Workers in the area habitually crossed over “cuts” of railcars to reach buildings and parking lots, and Union Pacific’s train crew had observed the workers climbing between parked railcars. Its management was also aware of the practice. The plaintiff, unaware that a Union Pacific train crew was switching railcars parked on the track, was seriously injured as he attempted to cross between two railcars, which suddenly moved without warning. Lopez, 932 P.2d at 602-03.

The plaintiff sued, but the trial court— premising its decision upon a statute2— granted summary judgment in favor of Union Pacific. Id. at 603. This court reversed, recognizing the applicability of the common law exception to the general trespasser rule. Union Pacific argued that the statute merely codified the common law rule that a trespasser cannot recover unless his presence is known to the landowner and the owner then willfully or recklessly injures him. Id. at 604. However, we observed that the common law recognized an exception, stated in the Restatement (Second) of Torts, which provides:

A possessor of land who knows, or from the facts within his knowledge should know, that trespassers constantly intrude upon a limited area thereof, is subject to liability for bodily harm there caused to them by his failure to carry on an activity involving a risk of death or serious bodily harm with reasonable care for their safety.

Restatement (Second) of Torts § 334 (1965) (emphasis added). We then held that the trial court erred in granting summary judgment because the plaintiff, having produced evidence that Union Pacific had knowledge of the workers’ habitual practice of crossing over the cuts of railcars, had presented a prima facie case of liability on the part of Union Pacific. Lopez, 932 P.2d at 605.

According to Connor, Lopez adopted the following balancing approach: “[I]f the ‘burden [to the landowner] is very slight, and the risk of harm to trespassers is correspondingly very great, there may be good reason to hold the defendant liable. This has been true first of all in the case of frequent trespass upon a limited area.’ ” Id. at 604 (quot[417]*417ing W. Page Keeton et al., Prosser and Kee-ton on the Law of Torts § 58, at 395 (5th ed.1984)). The quoted language, however, is the reasoning behind the rule, which applies only when the requirements of the rule have been satisfied. Connor’s assertion that we adopted a “balancing approach” to “known or anticipated trespasser” cases is therefore incorrect.

Contrary to Connor’s position, this court follows the Restatement’s narrow exception in section 334, which requires the following elements to be present before a landowner must afford trespassers the duty of reasonable care: (1) real or constructive knowledge3

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Bluebook (online)
972 P.2d 414, 351 Utah Adv. Rep. 28, 1998 Utah LEXIS 67, 1998 WL 598797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connor-v-union-pacific-railroad-utah-1998.