Gallagher v. BNSF Railway Co.

829 N.W.2d 85, 2013 Minn. App. LEXIS 29, 2013 WL 1395590
CourtCourt of Appeals of Minnesota
DecidedApril 8, 2013
DocketNo. A12-1327
StatusPublished
Cited by6 cases

This text of 829 N.W.2d 85 (Gallagher v. BNSF Railway Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gallagher v. BNSF Railway Co., 829 N.W.2d 85, 2013 Minn. App. LEXIS 29, 2013 WL 1395590 (Mich. Ct. App. 2013).

Opinion

OPINION

CLEARY, Judge.

Appellant Sean Gallagher sustained personal injuries while coupling railroad cars for his employer, respondent BNSF Railway Company. He commenced this action, alleging that his injuries resulted from respondent’s violation of the Safety Appliance Act (SAA) and negligence under the Federal Employers’ Liability Act (FELA). The district court granted summary judgment for respondent, and appellant challenges that decision, asserting that genuine issues of material fact exist as to both claims. We reverse and remand.

[88]*88FACTS

This case involves the mechanisms used to couple railroad cars. Each end of a railroad car has a drawbar, which is a metal bar that is fastened to a housing mechanism on the car and extends out from the end of the car. On the end of each drawbar is a knuckle, which is a clamp that is capable of interlocking with another knuckle. In theory, if an open knuckle on one car engages a knuckle on another car when the two cars come together, a pin will drop automatically, locking the two knuckles into place, and the cars will be “coupled.” A hump is a man-made hill over which cars are pushed so that they impact cars at the bottom of the hill, or bowl, with enough force to couple automatically. These mechanisms were designed to eliminate the need for railroad employees to go between cars to couple them.

Drawbars are designed to pivot laterally in their cars’ housings, which prevents coupled cars from derailing as they move along curved railroad tracks. As a result, a car’s drawbar and knuckle may be off-center when the car comes together with a second car, and this misalignment will prevent the two knuckles from engaging and the two cars from coupling. Drawbars must be realigned manually by railroad employees to ensure proper coupling.

On July 24, 2010, appellant was working in respondent’s Northtown rail yard. Appellant was checking to ensure that cars had coupled after being pushed over the hump when he noticed that numerous bulkhead flat cars had failed to couple on a curved portion of track. Appellant realigned several drawbars and completed the coupling of a number of cars. He then went between two uncoupled cars and made multiple attempts to get the cars to couple. Appellant claims that, during one of these attempts, he heard and felt a “pop” in his lower back and that he sustained personal injuries. Appellant was eventually able to get the two cars to couple.

Appellant subsequently filed a complaint alleging that he had suffered severe and disabling bodily injuries as a result of respondent’s negligence and violation of federal law. Respondent filed a motion for summary judgment, arguing that appellant had failed to set forth any facts upon which respondent might be found negligent and had failed to identify a defect in any railroad equipment that would give rise to liability under federal law. Appellant filed a cross motion for summary judgment on his claim of violation of federal law, arguing that respondent was strictly liable for its cars’ malfunctioning coupling mechanisms. Following a hearing, the district court issued an order denying appellant’s motion and granting summary judgment for respondent. The court determined that appellant had failed to raise a genuine issue as to whether respondent’s equipment had malfunctioned, in violation of federal law, and had failed to raise genuine issues on the elements of breach, causation, and foreseeability for his negligence claim. This appeal followed.

ISSUES

I. Did the district court err by granting summary judgment for respondent on appellant’s claim of violation of the SAA?

II. Did the district court err by granting summary judgment for respondent on appellant’s claim of negligence under the FELA?

ANALYSIS

A district court’s summary-judgment decision is reviewed de novo. Riverview Muir Doran, LLC v. JADT Dev. Grp., LLC, 790 N.W.2d 167, 170 (Minn.2010). The role of an appellate court when re[89]*89viewing a grant of summary judgment “is to determine whether there are any genuine issues of material fact and whether the [district] court erred in its application of the law.” Wartnick v. Moss & Barnett, 490 N.W.2d 108, 112 (Minn.1992). The appellate court may not weigh the evidence or make factual determinations, but must consider the evidence in the light most favorable to the party against whom summary judgment was granted. McIntosh Cnty. Bank v. Dorsey & Whitney, LLP, 745 N.W.2d 588, 545 (Minn.2008).

A motion for summary judgment shall be granted when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law.” Minn. R. Civ. P. 56.03. The party moving for summary judgment has the burden to show that summary judgment is appropriate. Valspar Refinish, Inc. v. Gaylord’s, Inc., 764 N.W.2d 359, 364 (Minn.2009). “[S]ummary judgment is inappropriate when reasonable persons might draw different conclusions from the evidence presented.” DLH, Inc. v. Russ, 566 N.W.2d 60, 69 (Minn.1997).

I. The district court erred by granting summary judgment for respondent on appellant’s claim of violation of the SAA.

Under the SAA, a railroad carrier is permitted to use a vehicle on its railroad lines only if that vehicle is equipped with “couplers coupling automatically by impact, and capable of being uncoupled, without the necessity of individuals going between the ends of the vehicles.” . 49 U.S.C. § 20302(a)(1)(A) (2006). “The railroad is liable for an employee’s injury or death caused by a violation of the SAA.” Norfolk & W. Ry. v. Hiles, 516 U.S. 400, 408-09, 116 S.Ct. 890, 895, 134 L.Ed.2d 34 (1996) (stating that “the SAA creates an absolute duty requiring not only that automatic couplers be present, but also that they actually perform,” and that liability for a violation of the SAA is not dependent on negligence).

To show that railroad equipment is in violation of the SAA, evidence must establish either “some particular defect” in the equipment or “a failure [of the equipment] to function, when operated with due care, in the normal, natural, and usual manner.” Myers v. Reading Co., 331 U.S. 477, 483, 67 S.Ct. 1334, 1338, 91 L.Ed. 1615 (1947) (quotation omitted). “The fact that the [equipment] functioned properly on other occasions is immaterial.” Carter v. Atlanta & St. Andrews Bay Ry., 338 U.S. 430, 434, 70 S.Ct. 226, 229, 94 L.Ed. 236 (1949); see also Myers, 331 U.S. at 483, 67 S.Ct. at 1338 (“Where a jury finds that there is a violation, it will be sustained, if there is proof that the mechanism failed to work efficiently and properly even though it worked efficiently both before and after the occasion in question.”).

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829 N.W.2d 85, 2013 Minn. App. LEXIS 29, 2013 WL 1395590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-bnsf-railway-co-minnctapp-2013.