Klein v. Chicago Central & Pacific Railroad

596 N.W.2d 58, 1999 Iowa Sup. LEXIS 140, 1999 WL 410448
CourtSupreme Court of Iowa
DecidedJune 3, 1999
DocketNo. 97-1387
StatusPublished
Cited by10 cases

This text of 596 N.W.2d 58 (Klein v. Chicago Central & Pacific Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klein v. Chicago Central & Pacific Railroad, 596 N.W.2d 58, 1999 Iowa Sup. LEXIS 140, 1999 WL 410448 (iowa 1999).

Opinion

HARRIS, Justice.

The railroad appeals an adverse judgment in this suit brought by an injured eniployee. The railroad challenges the sufficiency of the evidence to support the award, and assails a number of evidentiary rulings. We find the evidence, though vigorously controverted, ample to support a finding of liability. And, because we find no , abuse in the evidentiary rulings, we affirm.

Defendant Chicago Central & Pacific Railroad Company (CC&P) is engaged in interstate commerce as a carrier by rail. At the time in question plaintiff Jack Klein was, and had long been, a railroad employee engaged in track and rail maintenance. On an evening in March ;1994, having been directed by CC&P, Klein and two coworkers proceeded to the scene and undertook the repair of a broken rail. This required replacement of a broken thirty-nine foot section of rail that weighed approximately 1600 pounds. In order to roll the replacement rail into place, Klein applied simple leverage by using a common handheld device called a rail fork. Although CC&P assails the method Klein chose for this task, the jury was entitled to accept Klein’s testimony that he proceeded as he had learned on the job and in accordance with the methods he used during all his thirty-years’ experience with CC&P. The rail fork and all other materials and equipment used in the repair, it seems obvious, were furnished for the purpose by CC&P. After the rail was placed Klein could not straighten his back, and his leg was frozen into place.,

The next morning Klein called his supervisor to report he had hurt his back. Pursuant to company policy,, Kenneth McMains, the company physician, examined Klein and recommended he see an orthopedic surgeon. The following month Klein underwent back surgery. David Beck, the physician who performed the surgery, recommended Klein seek employment outside the railroad industry. Klein was later evaluated for functional capacity [60]*60and was found physically unqualified for the sort of heavy labor he had previously performed.

Klein thereafter filed this suit for damages against CC&P, claiming negligent supervision, the failure to provide proper equipment or reasonably safe tools, lack of sufficient manpower, and failure to provide a safe place to work. He sought damages for lost past and future wages, pain and suffering, and loss of earning capacity. His claims were brought under 45 U.S.C. §§ 51-60 commonly known as the Federal Employers’ Liability Act (FELA). CC&P denied the allegations, raising as defenses failure to mitigate damages, foreseeability, and sole proximate cause. A jury verdict was returned in favor of Klein. The matter is before us on CC&P’s appeal.

I. We accord the trial court broad discretion in the admissibility of expert testimony. Bell v. Community Ambulance Serv. Agency for N. Des Moines County, 579 N.W.2d 330, 338 (Iowa 1998). We interfere only if clear abuse is shown. Id.

II. Section 1 of FELA provides in relevant part that

[ejvery common carrier by railroad ... shall be liable in damages to any person suffering injury while ... employed by such carrier ... 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.

Although FELA cases are not routinely encountered in our courts, it is clear that Congress intended to greatly lower the bar for injured workers covered by the act, and to liberally allow recovery in cases that would not be allowed under general principles of tort law. See 32B Am.Jur.2d Federal Employer’s Liability Act § 2 (1996). The expanded metes and bounds of railroad liability under FELA were set in the celebrated case of Rogers v. Missouri Pacific Railroad, 352 U.S. 500, 506-07, 77 S.Ct. 443, 448-49, 1 L.Ed.2d 493, 499 (1957):

Under this statute the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought. It does not matter that, from the evidence, the jury may also with reason, on grounds of probability, attribute the result to other causes, including the employee’s contributory negligence. Judicial appraisal of the proofs to determine whether a jury question is presented is narrowly limited to the single inquiry whether, with reason, the conclusion may be drawn that negligence of the employer played any part at all in the injury or death. Judges are to fix their sights primarily to make that appraisal and, if that test is met, are bound to find that a case for the jury is made out whether or not the evidence allows the jury a choice of other probabilities. The statute expressly imposes liability upon the employer to pay damages for injury or death due “in whole or in part ” to its negligence.

FELA has been construed to

require carriers to furnish employees with equipment that is reasonably safe and suitable, and liability may be imposed for injuries or death resulting from the use or maintenance of defective, unsafe, or inadequate tools, machinery, appliances, and vehicles.

32B Am.Jur.2d Federal Employers’ Liability Acts § 30, at 876 (1996). It is well established that liability under the act arises from “failing to promulgate and enforce appropriate rules and regulations [and] in neglecting to retain a sufficient number of employees to insure the safety of individual workers....” Id. § 29, at 874.

Under the relaxed burden appropriate for FELA cases, there was, most assuredly, ample support in the record for jury findings that CC&P failed to furnish [61]*61Klein a working place that was reasonably safe, that the rail fork qualified as insufficient equipment to roll the 1600-pound rail into place, that an inadequate number of workers was assigned to the task, and that CC&P failed to adequately train the workers, including Klein himself, in the safe operation of the boom truck used at the repair scene. The case seems textbook for obvious liability under FELA.

CC&P’s challenge to the sufficiency of the evidence is without merit.

III. CC&P vigorously complains of a ruling which excluded the testimony of Kenneth McMains, the company’s regular physician who, as mentioned, examined Klein soon following his injury. CC&P is highly critical of the exclusion, feeling blindsided because, it is argued, Klein was able to mislead the jury into believing CC&P had unfairly and stubbornly thwarted his attempts to return to work. CC&P argues that McMains’ testimony would have made it clear that Klein’s injury prevented him from returning.

After bringing suit, Klein, on July 12, 1996, designated McMains as an expert witness pursuant to Iowa rule of civil procedure 126(a), but later decided not to call him. This change of plan was signaled when, on February 24, 1997, Klein filed his pretrial statement which omitted fisting McMains as an expert witness.

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596 N.W.2d 58, 1999 Iowa Sup. LEXIS 140, 1999 WL 410448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-chicago-central-pacific-railroad-iowa-1999.