Labes v. New Jersey Transit Rail Operations, Inc.

863 A.2d 1195, 2004 Pa. Super. 467, 2004 Pa. Super. LEXIS 4811
CourtSuperior Court of Pennsylvania
DecidedDecember 9, 2004
StatusPublished
Cited by5 cases

This text of 863 A.2d 1195 (Labes v. New Jersey Transit Rail Operations, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Labes v. New Jersey Transit Rail Operations, Inc., 863 A.2d 1195, 2004 Pa. Super. 467, 2004 Pa. Super. LEXIS 4811 (Pa. Ct. App. 2004).

Opinions

OPINION BY

McCAFFERY, J:

¶ 1 Appellant, David F. Labes, asks us to determine whether the trial court erred in refusing to remove the non-suit entered against him at trial. Specifically, we must decide whether Appellant presented adequate evidence of negligence, pursuant to the Federal Employers’ Liability Act (“FELA”)1, to permit his case to be decided by a jury. We hold that under FELA’s liberal evidentiary standards, Appellant did, in fact, proffer evidence sufficient to survive a non-suit. Accordingly, we are constrained to reverse and remand for a new trial.

¶2 The relevant facts and procedural history are as follows. Appellant started working for Appellee, New Jersey Transit Rail Operations, Inc. (“NJTRO”) as a water service mechanic in 1987. The job required Appellant to repair and install pipes and perform other maintenance. Notes, of Testimony (N.T.), 10/1/01, at 49. The job also required Appellant to work outdoors year round, to kneel for long periods on ballast and rail ties and perform heavy lifting. (Id. at 52-57; 61-63). Appellant was either using his back, knees or both a minimum of four to five hours per day. (Id. at 68). Over the years, [1197]*1197NJTRO decreased its manpower in Appellant’s department, which meant he had to do more of this work. (Id. at 71). He complained to his supervisors about the lack of manpower. (Id. at 71). Appellant complained to his supervisor about his knee pain. (Id., at 74). He requested knee pads, but none were provided. (Id. at 73).2 He began experiencing severe back pain as well. (Id. at 83). Appellant also complained to his supervisor about his back pain. (Id. at 92). He stated he never received any job training or preventive instruction on how to avoid back or knee injuries. (Id. at 74-75; 79). By 1999, Appellant required surgery on his right knee. (Id. at 73). He has received several injections as well as treatment from a chiropractor for his back pain. (Id. at 93).

¶ 3 Appellant brought this negligence suit against Appellee under FELA. At trial, Appellant presented testimony from a co-worker who corroborated Appellant’s testimony concerning job duties, lack of manpower and lack of training. Appellant also presented the testimony of his ortho-paedic surgeon, Dr. Esformes, in support of his causation argument that the repetitive nature of his work had caused the back and knee problems, including specifically the heavy lifting and extended periods of kneeling on hard and uneven surfaces which his job required. At the close of Appellant’s case, the trial court granted Appellee’s motion for compulsory non-suit and Appellant’s case was dismissed.

¶ 4 In this timely appeal, Appellant raises the following issues for our review:

1. DID THE TRIAL COURT ERR IN GRANTING APPELLEE’S MOTION FOR NON-SUIT AT THE CLOSE OF APPELLANT’S CASE IN CHIEF?
2. DID THE TRIAL COURT ERR IN DISMISSING APPELLANT’S CASE BASED UPON A LACK OF EVIDENCE AS TO NEGLIGENCE UNDER THE FEDERAL EMPLOYERS[’] LIABILITY ACT?
3. DID THE TRIAL COURT ERR IN DISMISSING PLAINTIFF’S CASE BASED UPON A LACK OF EVIDENCE AS TO CAUSATION UNDER THE FEDERAL EMPLOYERS[’] LIABILITY ACT?
4. DID THE TRIAL COURT ERR IN DENYING APPELLANT’S MOTION FOR POST-TRIAL RELIEF?

(Appellant’s Brief at 3). Although raised as four separate appellate issues, all four questions raise essentially the same claim: the trial court erred by entering a non-suit in favor of Appellee. We agree.

¶ 5 As noted, this action arises under FELA. Section 1 of FELA provides that “[ejvery common carrier by railroad ... shall be liable in damages to any person suffering injury while he is 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. In assessing FELA’s scope, the Supreme Court has observed:

when Congress enacted FELA in 1908, its attention was focused primarily upon injuries and death resulting from accidents on interstate railroads. Cognizant of the physical dangers of railroading that resulted in the death or maiming of thousands of workers every year, Congress crafted a federal remedy that shifted part of the ‘human overhead’ of doing business from employees to their employers.

Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, 542, 114 S.Ct. 2396, 129 L.Ed.2d 427 (1994) (citations and quotations omitted).

[1198]*1198¶ 6 We must begin, however, by emphasizing our standard of review. The state and federal courts have concurrent jurisdiction over FELA cases. Harding v. Consolidated Rail Corp., 423 Pa.Super. 208, 620 A.2d 1185, 1188 (1993). “FELA cases adjudicated in state courts are subject to state procedural rules, but the substantive law governing them is federal.”3 Id. (citing 45 U.S.C. § 56; St. Louis Railway Co. v. Dickerson, 470 U.S. 409, 105 S.Ct. 1347, 84 L.Ed.2d 303 (1985)). Thus, in the case sub judice, we must be guided in our determination of whether Appellant presented a question for a jury by the standard which the United States Supreme Court set forth:

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 played any part at all in the injury or death.

Harding, supra, 620 A.2d at 1188, citing Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500, 506-507, 77 S.Ct. 443, 1 L.Ed.2d 493 (1957) (emphasis added). Our Court has consistently adhered to the Rogers standard, stating that in only the most frivolous cases may the courts deny a FELA plaintiff his or her qualified right to a jury trial. Ciarolla v. Union Railroad Co., 235 Pa.Super. 137, 338 A.2d 669, 671 (1975). “[FELA] is to be liberally construed on behalf of injured workers, with the result that often recovery will be proper under [FELA] when it would not be under the common law of negligence.” Ignacio v. Penn Cent. Transp. Co., 291 Pa.Super. 431, 436 A.2d 192, 194 (1981) (citations omitted).

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Bluebook (online)
863 A.2d 1195, 2004 Pa. Super. 467, 2004 Pa. Super. LEXIS 4811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labes-v-new-jersey-transit-rail-operations-inc-pasuperct-2004.