Graves v. Burlington Northern Railroad

971 F. Supp. 1360, 1997 U.S. Dist. LEXIS 10724, 1997 WL 418053
CourtDistrict Court, E.D. Washington
DecidedJuly 8, 1997
DocketNo. CS-96-0238-LRS
StatusPublished

This text of 971 F. Supp. 1360 (Graves v. Burlington Northern Railroad) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graves v. Burlington Northern Railroad, 971 F. Supp. 1360, 1997 U.S. Dist. LEXIS 10724, 1997 WL 418053 (E.D. Wash. 1997).

Opinion

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

SUKO, United States Magistrate Judge.

Before the court is defendant’s Motion for Summary Judgment. Upon hearing with oral argument, plaintiff was represented by Frederick Bremseth, Minnesota. Defendant was represented by Rexanne Gibson, Kroschel & Gibson, Bellevue, Washington. For the reasons set forth below, the court GRANTS defendant’s motion.

Plaintiff filed this suit under the Federal Employers’ Liability Act (FELA), claiming that defendant Burlington Northern Railroad’s negligence caused him to suffer damages as a result of an automobile accident. Specifically, plaintiff claims that defendant caused his damages by negligently failing to obtain uninsured and underinsured motorist insurance coverage for company vehicles. Defendant moves this court for an order granting its motion for summary judgment. Defendant argues that, as a matter of law, plaintiff cannot show defendant committed a negligent act or a causal connection between defendant’s alleged negligent acts and his injury.

UNDISPUTED FACTS1

On March 27, 1994, plaintiff John Graves was employed by defendant as a clerk. Plaintiffs duties included driving a train crew from Spokane to Pasco. On that same date, plaintiff was driving a large nine-to-twelve passenger van owned by defendant from Spokane to Pasco. Plaintiff was famil[1362]*1362iar with the vehicle and had driven it on previous occasions. Prior to leaving Spokane, Graves performed a routine inspection of the lights, brakes, and other equipment to verify the absence of any defects. The van appeared to be in working order and plaintiff discovered no defects. As plaintiff left the parking lot of the Spokane depot, he turned on the headlights. The van was equipped with a shoulder harness and lap seat belt which plaintiff had buckled.

After leaving the Spokane depot, plaintiff drove south on Havana in Spokane. As he approached the intersection of Havana and Sprague, a vehicle driven by Frank Landeros was approaching the intersection on Sprague from the east. Plaintiff had the green light and entered the intersection. At that moment, a passenger in the van said, “He’s not going to stop.” Plaintiff turned his head to the left and saw a speeding vehicle rapidly approaching. The vehicles collided, although plaintiff was able to pull the steering wheel to the right and avoid a direct broadside impact.

After the accident, plaintiff rode in the same ambulance as Landeros, the driver of the other vehicle. According to plaintiff, Landeros “was a mess; he was intoxicated and he was all cut up. He didn’t even know what happened. He never even hit the brakes.” Landeros, who was uninsured, was arrested for driving while intoxicated.

Following the accident, plaintiff completed a personal injury report and stated that there were no defects on the van that contributed to the accident. During the remainder of 1994 and 1995, plaintiff intermittently missed work due to injuries sustained in the collision. During these time periods, he was on the wage continuation program, and his medical care was paid by medical insurance provided by his employer. Currently, plaintiff is working full time.

Defendant does not carry uninsured or underinsured motorist insurance on any of its company vehicles. Washington law does not require companies to purchase such insurance.

SUMMARY JUDGMENT STANDARD

The purpose of summary judgment is to avoid unnecessary trials when there is no dispute as to the facts before the court. Zweig v. Hearst Corp., 521 F.2d 1129 (9th Cir.), cert. denied, 423 U.S. 1025, 96 S.Ct. 469, 46 L.Ed.2d 399 (1975). Under Rule 56, a party is entitled to summary judgment where the documentary evidence produced by the parties permits only one conclusion. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Semegen v. Weidner, 780 F.2d 727 (9th Cir.1985). Summary judgment is precluded if there exists a genuine dispute over a fact that might affect the outcome of the suit under the governing law. Anderson, 477 U.S. at 248, 106 S.Ct. at 2510.

The moving party has the initial burden to prove that no genuine issue of material fact exists. Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). Once the moving party has carried its burden under Rule 56, “its opponent must do more than simply show that there is some metaphysical doubt as to the material facts.” Id. The party opposing summary judgment must go beyond the pleadings to designate specific facts establishing a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553-54, 91 L.Ed.2d 265 (1986).

In ruling on a motion for summary judgment, all inferences drawn from the underlying facts must be viewed in the light most favorable to the nonmovant. Matsushita, 475 U.S. at 587, 106 S.Ct. at 1356. Summary judgment is required against a party who fails to make a showing sufficient to establish an essential element of a claim, even if there are genuine factual disputes regarding other elements of the claim. Celotex, 477 at 322-23, 106 S.Ct. at 2552-53.

In this case, the parties do not dispute the material facts regarding the circumstances surrounding plaintiffs injuries and the actions of defendant. Rather, the issue is one of law: whether plaintiff may sustain a negligence action under FELA based solely on defendant’s failure to obtain underinsured motorist insurance.

[1363]*1363DISCUSSION

Plaintiff maintains that the broad remedial purpose of the FELA should be construed to include a duty to fully protect railroad employees in company vehicles against uninsured and underinsured third-party drivers. Plaintiff argues that duty under the FELA is established when a railroad company knows or should know of a potential hazard to its employees, and that a railroad breaches its duty when its fails to exercise reasonable care in protecting its employees from such hazards. Plaintiff contends that defendant knew that its employees were involved in automobile accidents — possibly with uninsured motorists — and therefore had a duty to protect its employees from such “hazards.” Thus, plaintiff argues that whether defendant’s failure to carry insurance to protect against uninsured and underinsured motorist constitutes a breach of its duty creates a genuine issue of material fact. Finally, plaintiff claims that defendant’s failure to obtain adequate insurance caused plaintiff’s damages in that he was not able to seek full compensation for his injuries.

Not surprisingly, defendant argues against such a liberal construction of the FELA, noting that no caselaw supports plaintiffs construction of the Act. Further, defendant claims that plaintiff has not set forth facts supporting a causal connection between defendant’s alleged negligence and plaintiffs injuries. Finally, defendant maintains that even if such causal connection existed, defendant has no duty to provide uninsured or underinsured motorist insurance coverage.

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Related

Rogers v. Missouri Pacific Railroad
352 U.S. 500 (Supreme Court, 1957)
Sinkler v. Missouri Pacific Railroad
356 U.S. 326 (Supreme Court, 1958)
St. Louis Southwestern Railway Co. v. Dickerson
470 U.S. 409 (Supreme Court, 1985)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Richard Gallose v. Long Island Railroad Company
878 F.2d 80 (Second Circuit, 1989)
Chapman v. Union Pacific Railroad
467 N.W.2d 388 (Nebraska Supreme Court, 1991)
Dawson v. Elgin, Joliet & Eastern Railway Co.
640 N.E.2d 661 (Appellate Court of Illinois, 1994)
Lewis v. Norfolk & Western Railway Co.
646 N.E.2d 1378 (Appellate Court of Illinois, 1995)
Claar v. Burlington Northern Railroad
29 F.3d 499 (Ninth Circuit, 1994)
Burns v. Penn Central Co.
519 F.2d 512 (Second Circuit, 1975)
Zweig v. Hearst Corp.
521 F.2d 1129 (Ninth Circuit, 1975)
Semegen v. Weidner
780 F.2d 727 (Ninth Circuit, 1985)

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Bluebook (online)
971 F. Supp. 1360, 1997 U.S. Dist. LEXIS 10724, 1997 WL 418053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-burlington-northern-railroad-waed-1997.