Hauser v. Chicago, Milwaukee, St. Paul & Pacific Railroad

346 N.W.2d 650, 1984 Minn. LEXIS 1312
CourtSupreme Court of Minnesota
DecidedApril 13, 1984
DocketC7-83-186
StatusPublished
Cited by4 cases

This text of 346 N.W.2d 650 (Hauser v. Chicago, Milwaukee, St. Paul & Pacific Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hauser v. Chicago, Milwaukee, St. Paul & Pacific Railroad, 346 N.W.2d 650, 1984 Minn. LEXIS 1312 (Mich. 1984).

Opinions

SIMONETT, Justice.

The trial court granted the defendant railroad a directed verdict in this FELA personal injury case because no negligence was shown. We affirm.

Plaintiff Robert 0. Hauser sues his employer, defendant Chicago, Milwaukee, St. Paul and Pacific Railroad Company, for personal injuries under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51, et seq. (1976). At the close of plaintiff’s case, the trial court granted the railroad’s motion for a directed verdict and subsequently denied plaintiff’s motion for a new trial. Plaintiff-appellant Hauser appeals. Aside [652]*652from a disputed evidentiary ruling to be discussed, the issue is simply whether there is any evidence of the railroad’s negligence to go to the jury.

The injury occurred on the afternoon of November 28, 1978, while plaintiff Hauser and two other section laborers were cleaning a railroad switch. When Hauser attempted to dislodge a spike from underneath a rail by striking a claw bar with a spike maul, a metallic foreign body flew into his left eye. Hauser was not wearing his safety glasses at the time. The evidence shows that the metal fragment did not come from either the spike maul or the claw bar. This injury caused Hauser to lose the sight in his left eye. As the case was presented to the trial court and as it comes here, the issue of negligence centers entirely around why Hauser was not wearing his safety glasses.

Hauser was 52 years old at the time of his injury. From the time he began with the railroad in 1969,'he had always been furnished safety glasses. The glasses had plastic frames, shatter-resistant lenses and adjustable metal bows, plus side shields. Hauser did not read the written instructions which came with the glasses when he received them. On one occasion, a representative of the manufacturer of the safety glasses came to Hauser’s work area to offer assistance in adjusting glasses, but Hauser did not have his adjusted. The railroad has a safety rule, with which Hau-ser was familiar, requiring employees to wear their safety glasses when performing the kind of work Hauser was doing the afternoon of his accident. All safety rules, including the one on safety glasses, were reinforced by written exams every 2 years, as well as by a “Rule of the Day” program under which a safety rule was discussed by the employees every morning before work. Hauser had at least one prior incident when his wearing of the glasses had apparently protected him from an injury. Hauser said he knew the importance of wearing safety glasses and he admitted his foreman was quite insistent that they be worn. One co-worker testified that the foreman was very strict in enforcing the rule on wearing safety glasses.

The morning of the accident Hauser wore his safety glasses while clearing ice from a switch. In the afternoon, however, he did not wear his glasses, although one of the men working with him testified that he wore his. The foreman was absent in the afternoon. Hauser testified he did not wear his glasses because they were muddy and he could not see with them on, and, in addition, the glasses would slide down his nose, sometimes fall off when he bent over, and were causing soreness behind the ears.

On appeal, plaintiff-appellant Hauser argues that the railroad could be found negligent in failing: (1) to supply straps which would fit around the back of the head and keep the glasses on; (2) to adjust the glasses for Hauser; and (3) to provide adequate means for employees to clean their glasses when dirty. In response, the railroad says that straps were unnecessary because the safety glasses were easily adjustable to fit snugly and not slide down or off and that there were spare safety glasses, which Hauser could have used, in the truck the employees had driven to the work site. Hauser stated that his handkerchief was muddy and all he would have had to clean his glasses with in the afternoon was his coat sleeve. To this the railroad responded that even if this were so, ordinarily there was a water jug in the truck and there was running water about 2 blocks away at the roundhouse.

While on the witness stand, Hau-ser was asked if he had ever heard anyone at a safety meeting complain about the safety glasses. The trial court sustained defendant’s hearsay objection and Hauser claims on appeal this was error. We agree. The testimony was offered not to prove the truth of any complaints {i.e., that there was something wrong with the glasses) but to explain that Hauser did not himself complain because others were complaining for him and to prove notice to the railroad of complaints. See, e.g., Webb v. Fuller Brush Co., 378 F.2d 500 (3rd Cir.1967); Mabry v. Travelers Insurance Co., 193 [653]*653F.2d 497 (5th Cir.1952). Several courts have allowed admission of testimony to prove notice where the declarant is unidentified. See Smedra v. Stanek, 187 F.2d 892 (10th Cir.1951); Seaboard Air Line Railroad v. Ford, 92 So.2d 160 (Fla.1956); Vinyard v. Vinyard Funeral Home, Inc., 435 S.W.2d 392 (Mo.Ct.App.1968). Even if this evidence were received, as it should have been, we do not think it adds to Hau-ser’s case. To the extent the evidence goes to explain why plaintiff Hauser did not complain to his employer, the evidence goes to plaintiffs negligence, not to the railroad’s; to the extent the evidence might bear on the railroad’s negligence, the offered testimony does not explain what the unidentified persons were complaining about. At best, we can say there was some evidence that employees complained about wearing safety glasses.

The Federal Employers’ Liability Act provides that the railroad is liable in damages “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 (1976). Although the Act expressly requires proof of negligence, the United States Supreme Court has applied the statute in a most liberal manner “by reducing the quantum of proof required for a plaintiff-employee to reach the jury to an absolute minimum.” Steinberg, The Federal Employers’ Liability Act and Judicial Activism, 12 Willamette L.J. 79, 80 (1975). If there is any evidence of negligence, the case should go to the jury. Directed verdicts for the employer are rare. Assumption of risk is no defense and contributory negligence only diminishes the amount of recovery. 45 U.S.C. §§ 53, 54 (1976). This relaxing of the customary strictures on a plaintiff’s recovery is a recognition that FELA is a substitute for workers’ compensation as an employee’s remedy. For a good discussion, see 4 Larson, Workmen’s Compensation Law § 91.77 (1984). Indeed, Larson suggests, as do other commentators, that only a “scintilla” of evidence is needed to establish the employer’s negligence. Larson, id.; see also Note, Federal Employers’ Liability Act: Apostasy of Sufficiency of Evidence Policy, 42 Miss.L.J. 418, 424 (1971).

Thus it takes very little evidence for the plaintiff-employee to avoid a directed verdict.

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Related

Smith v. Soo Line Railroad
617 N.W.2d 437 (Court of Appeals of Minnesota, 2000)
Jondal v. Chicago, Milwaukee, St. Paul & Pacific Railroad
406 N.W.2d 539 (Court of Appeals of Minnesota, 1987)
Higgins v. Lufi
353 N.W.2d 150 (Court of Appeals of Minnesota, 1984)
Hauser v. Chicago, Milwaukee, St. Paul & Pacific Railroad
346 N.W.2d 650 (Supreme Court of Minnesota, 1984)

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Bluebook (online)
346 N.W.2d 650, 1984 Minn. LEXIS 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hauser-v-chicago-milwaukee-st-paul-pacific-railroad-minn-1984.