Kevin Smith v. Union Pacific Railroad Company

671 F. App'x 556

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 16, 2016
• Docket: 15-15139
• Status: Unpublished

Opinion

MEMORANDUM **

The Federal Employers’ Liability Act (FELA) was enacted “to secure jury determinations in a larger proportion of cases than would be true of ordinary common law actions.” Mendoza v. S. Pac. Transp. Co., 733 F.2d 631, 633 (9th Cir. 1984). Only “ ‘slight’ or ‘minimal’ evidence is needed to raise a jury question of negligence under FELA.” Id. at 632 (citations omitted). Smith identifies a number of disputed factual issues: Did Union Pacific salt the parking lot on January 15, 2009? Would snow spikes have been available to Smith? Would Smith’s injuries have been prevented had he been wearing snow spikes? On this record, it is “not outside the possibility of reason” that Union Pacific was negligent. Id at 633. Because the question of negligence should be decided by a jury, S. Pac. Co. v. Guthrie, 180 F.2d 295, 300 (9th Cir. 1949), summary judgment was not appropriate.

REVERSED and REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.