Geiser v. Burlington Northern Railroad

722 S.W.2d 122, 1986 Mo. App. LEXIS 5091
CourtMissouri Court of Appeals
DecidedDecember 23, 1986
DocketNo. 50782
StatusPublished
Cited by4 cases

This text of 722 S.W.2d 122 (Geiser v. Burlington Northern Railroad) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geiser v. Burlington Northern Railroad, 722 S.W.2d 122, 1986 Mo. App. LEXIS 5091 (Mo. Ct. App. 1986).

Opinion

GARY M. GAERTNER, Presiding Judge.

Respondent, a switchman/brakeman employed by appellant, injured his back while working in the company’s West Quincy, Missouri railroad yards on May 16, 1980. He brought suit under the Safety Appliance Act, 45 U.S.C.A. § 11. Following a jury verdict in respondent’s favor and a judgment for $470,000, appellant brought this appeal.

Appellant claims that the trial court erred in: submitting the case under the Safety Appliance Act; overruling appellant’s motion for a continuance or to strike respondent’s pleadings; allowing an amendment to respondent’s prayer for damages on the date of trial; and submitting a certain instruction. Finding these points to be without merit, we affirm.

The uncontroverted facts indicate that respondent had been employed by appellant since 1973 and was working the evening shift as a switch foreman at the time of the occurrence. His job was to switch cars and put together a train for the road crew to take out. Specifically, respondent and an assistant walked on either side of the railroad cars and connected air lines and took off or loosened hand brakes. During his inspection of the train, respondent noted that a certain car needed its hand brake released. His attempts to release the brake were unsuccessful, as were those of his assistant. The yardmaster was informed of the malfunctioning hand brake and he told respondent to “leave it go” and that he would try to have the road crew work on it. A conductor, who was present when respondent informed the yardmaster of the problem, advised respondent of a method for releasing the hand brake. Respondent and his assistant later returned to the disabled car and tried to release the hand brake following the conductor’s suggestion. Respondent felt a sharp pain in his back as he struggled with the hand brake. The brake was released eventually and the car was repaired at the train’s next stop. Respondent’s back pain has persisted since this occurrence to such an extent that he left his job with the railroad.

The gist of appellant’s first point is that the Safety Appliance Act is inapplicable in this case because respondent was not in the discharge of his duty at the time of the injury. Specifically, appellant argues that the yardmaster’s statement to “leave [the brake] go” amounted to an order, which, if disregarded, absolved the railroad of any liability to respondent.

The Safety Appliance Act makes it unlawful for appellant to haul, or permit to be hauled or used on its line, any car not equipped with efficient hand brakes. 45 U.S.C.A. § 11. The inefficiency of a hand brake may be shown either by its defective condition or its defective functioning. Myers v. Reading Co., 331 U.S. 477, 483, 67 [124]*124S.Ct. 1334, 1338, 91 L.Ed. 1615 (1947); Sprankle v. Thompson, 243 S.W.2d 510, 517 (Mo.1951). Under the Safety Appliance Act, a railroad’s liability springs from the unlawful use of cars with prohibited, defective equipment, and is not concerned with “the position the employee may be in, or the work which he may be doing at the moment when he is injured.” Louisville & Nashville R.R. Co. v. Layton, 243 U.S. 617, 37 S.Ct. 456, 457, 61 L.Ed. 931 (1917). See also, Coray v. Southern Pac. Co., 335 U.S. 520, 523, 69 S.Ct. 275, 276-77, 93 L.Ed. 208 (1949); Warning v. Thompson, 249 S.W.2d 335, 340 (Mo.1952). If the defective equipment is either the sole or a contributing factor in causing the injury, the railroad is liable. Coray, 69 S.Ct. at 277; Warning, 249 S.W.2d at 340.1

Appellant’s theory that it is without liability because respondent was injured after being told by his supervisor to “leave it go” misstates the legal issue before us.2 At issue is whether appellant hauled or permitted to be hauled on its line a car that lacked an efficient hand brake. If so, the Safety Appliance Act imposes absolute liability on the railroad. Myers v. Reading Co., 331 U.S. 477, 485, 67 S.Ct. 1334, 1339, 91 L.Ed. 1615 (1947). The application of the Safety Appliance Act was appropriate because a jury could reasonably infer from the facts that the hand brake was inefficient and that its inefficiency caused or contributed to respondent’s injury. Myers, 331 U.S. at 482, 67 S.Ct. at 1338. See also, Buskirk v. Burlington Northern, Inc., 103 Ill.App.3d 414, 59 Ill.Dec. 125, 127, 431 N.E.2d 410, 412 (1982) cert. denied, 459 U.S. 910, 103 S.Ct. 217, 74 L.Ed.2d 173 (1982); Warning v. Thompson, 249 S.W.2d 335, 340 (Mo.1952). This point is denied.

Appellant’s second point on appeal is that the trial court erred in overruling its motion for a continuance or to strike respondent’s pleadings. Appellant contends that it was prejudiced when respondent failed to comply with its request for a medical authorization to contact and conduct an ex parte interview with Dr. L.W. Bader, one of respondent’s physicians.

The record indicates that respondent executed medical authorizations for appellant 15 months before trial. These authorizations were executed in accordance with the then-prevailing law, which did not permit ex parte interviews. See State ex rel. Stufflebam v. Appelquist, 694 S.W.2d 882, 886-88 (Mo.App., S.D.1985). When the law regarding medical authorizations for ex parte interviews changed shortly before trial, the court ordered respondent to execute the authorizations pursuant to Stufflebam, but denied appellant’s requests for sanctions or a continuance.

The trial court has broad discretion in the granting of continuances and the imposition of sanctions. Collins v. Director of Revenue, 691 S.W.2d 246, 254 (Mo. banc 1985); Sonderman v. Maret, 694 S.W.2d 864, 866 (Mo.App., E.D.1985). The record reflects the fact that appellant had access to respondent's physicians’ medical records prior to trial and appellant has failed to demonstrate any prejudice from the lack of an ex parte interview with Dr. Bader. Finding no abuse of discretion on the part of the trial court, this point is denied.

[125]*125Appellant next claims that the trial court erred in permitting respondent to amend his prayer from $400,000 to $850,-000 on the day the trial began. Appellant asserts that the untimeliness of the amendment prevented it from investing additional time and resources into a case which suddenly carried the risk of a potentially higher cost or from making informed decisions about settlement offers.

The rules of procedure provide that leave to amend pleadings “shall be freely given when justice so requires.” Rule 55.33(a); Bohrmann v. Schremp,

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722 S.W.2d 122, 1986 Mo. App. LEXIS 5091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geiser-v-burlington-northern-railroad-moctapp-1986.