CSX Transportation, Inc. v. McBride

131 S. Ct. 2630, 22 Fla. L. Weekly Fed. S 1197, 564 U.S. 685, 180 L. Ed. 2d 637, 2011 A.M.C. 1521, 2011 U.S. LEXIS 4795, 32 I.E.R. Cas. (BNA) 609, 79 U.S.L.W. 4629
Supreme Court of the United States·Decided June 23, 2011·No. No. 10-235·Published·Cited by 45 cases

Opinions

OPINION OF THE COURT

[564 U.S. 688]

Justice Ginsburg

delivered the opinion of the Court, except as to Part III-A.

This case concerns the standard of causation applicable in cases arising under the Federal Employers’ Liability Act (FELA or Act), 45 U.S.C. § 51 et seq. FELA renders railroads liable for employees’ injuries or deaths “resulting in whole or in part from [carrier] negligence.” § 51. In accord with the text and purpose of the Act, this Court’s decision in Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 77 S. Ct. 443, 1 L. Ed. 2d 493 (1957), and the uniform view of federal appellate courts, we conclude that the Act does not incorporate “proximate cause” standards developed in nonstatutory common-law tort actions. The charge proper in FELA cases, we hold, simply tracks the language Congress employed, informing juries that a defendant railroad caused or contributed to a plaintiff employee’s injury if the railroad’s negligence played any part in bringing about the injury.

[564 U.S. 689]

I

Respondent Robert McBride worked as a locomotive engineer for petitioner CSX Transportation, Inc., which operates an interstate system of railroads. On April 12, 2004, CSX assigned McBride to assist on a local run between Evansville, Indiana, and Mount Vernon, Illinois. The run involved frequent starts and stops to add and remove individual rail cars, a process known as “switching.” The train McBride was to operate had an unusual engine configuration: two “wide-body” engines followed by three smaller conventional cabs. McBride protested that the configuration was unsafe, because switching with heavy, wide-body engines required constant use of a hand-operated independent brake. But he was told to take the train as is. About ten hours into the run, McBride injured his hand while using the independent brake. Despite two surgeries and extensive physical therapy, he never regained full use of the hand.

Seeking compensation for his injury, McBride commenced a FELA action against CSX in the U. S. District Court for the Southern District of Illinois. He alleged that CSX was twice negligent: First, the railroad required him to use equipment unsafe for switching; second, CSX failed to train him to operate that equipment. App. 24a-26a. A verdict for McBride would be in order, the District Court instructed, if the jury found that CSX “was negligent” and that the “negligence caused or contributed to” McBride’s injury. Id., at 23a.

CSX sought additional charges that the court declined to give. One of the rejected instructions would have required “the plaintiff [to] show that. . . the defendant’s negligence was a proximate cause of the injury.” Id., at 34a. Another would have defined “proximate cause” to mean “any cause which, in natural or probable sequence, produced the injury com[644] plained of,” with the qualification that a proximate cause “need not be the only cause, nor the last or nearest cause.” Id., at 32a.

[564 U.S. 690]

Instead, the District Court employed, as McBride requested, the Seventh Circuit’s pattern instruction for FELA cases, which reads:

“Defendant ‘caused or contributed to’ Plaintiffs injury if Defendant’s negligence played a part—no matter how small—in bringing about the injury. The mere fact that an injury occurred does not necessarily mean that the injury was caused by negligence.” Id., at 31a.

For this instruction, the Seventh Circuit relied upon this Court’s decision in Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 77 S. Ct. 443, 1 L. Ed. 2d 493 (1957). The jury returned a verdict for McBride, setting total damages at $275,000, but reducing that amount by one-third, the percentage the jury attributed to plaintiffs negligence. App. 29a.

CSX appealed to the Seventh Circuit, renewing its objection to the failure to instruct on “proximate cause.” Before the appellate court, CSX “maintain [ed] that the correct definition of proximate causation is a ‘direct relation between the injury asserted and the injurious conduct alleged.’ ” 598 F.3d 388, 393, n. 3 (2010) (quoting Holmes v. Securities Investor Protection Corporation, 503 U.S. 258, 268, 112 S. Ct. 1311, 117 L. Ed. 2d 532 (1992)). A properly instructed jury, CSX contended, might have found that the chain of causation was too indirect, or that the engine configuration was unsafe because of its propensity to cause crashes during switching, not because of any risk to an engineer’s hands. Brief for Defendant-Appellant in No. 08-3557 (CA7), pp. 49-52.

The Court of Appeals approved the District Court’s instruction and affirmed the judgment entered on the jury’s verdict. Rogers had “relaxed the proximate cause requirement” in FELA cases, the Seventh Circuit concluded, a view of Rogers “echoed by every other court of appeals.” 598 F.3d, at 399. While acknowledging that a handful of state courts “still applied] traditional formulations of proximate cause in FELA cases,” id., at 404, n. 7, the Seventh Circuit

[564 U.S. 691]

said it could hardly declare erroneous an instruction that “simply paraphrase[d] the Supreme Court’s own words in Rogers,” id., at 406.

We granted certiorari to decide whether the causation instruction endorsed by the Seventh Circuit is proper in FELA cases. 562 U.S. 1060, 131 S. Ct. 644, 178 L. Ed. 2d 475 (2010). That instruction does not include the term “proximate cause,” but does tell the jury defendant’s negligence must “pla[y] a part—no matter how small—in bringing about the [plaintiffs] injury.” App. 31a.

II

A

The railroad business was exceptionally hazardous at the dawn of the 20th century. As we have recounted, “the physical dangers of railroading . . . resulted in the death or maiming of thousands of workers every year,” Consolidated Rail Corporation v. Gottshall, 512 U.S. 532, 542, 114 S. Ct. 2396, 129 L. Ed. 2d 427 (1994), including 281,645 casualties in the year 1908 alone, S. Rep. No. 432, 61st Cong., 2d Sess., 2 (1910). Enacted that same year in an effort to “shif[t] part [645] of the human overhead of doing business from employees to their employers,” Gottshall, 512 U.S., at 542, 114 S. Ct. 2396, 129 L. Ed. 2d 427 (internal quotation marks omitted), FELA prescribes:

“Every common carrier by railroad . . . shall be liable in damages to any person suffering injury while he is employed by such carrier . . . 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 (emphasis added).

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CSX Transportation, Inc. v. McBride, 131 S. Ct. 2630, 22 Fla. L. Weekly Fed. S 1197, 564 U.S. 685, 180 L. Ed. 2d 637, 2011 A.M.C. 1521, 2011 U.S. LEXIS 4795, 32 I.E.R. Cas. (BNA) 609, 79 U.S.L.W. 4629 (U.S. 2011).

131 S. Ct. 2630 (CSX Transportation, Inc. v. McBride) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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