Logsdon v. BNSF Railway Co.

262 F. Supp. 3d 895
CourtDistrict Court, D. Nebraska
DecidedJune 30, 2017
Docket8:15-CV-232
StatusPublished

This text of 262 F. Supp. 3d 895 (Logsdon v. BNSF Railway Co.) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Logsdon v. BNSF Railway Co., 262 F. Supp. 3d 895 (D. Neb. 2017).

Opinion

MEMORANDUM AND ORDER

John M. Gerrard, United States District Judge

The plaintiff, Steven Logsdon, is suing his former employer, BNSF Railway, for alleged violations of the Federal Railroad Safety Act, 49 U.S.C. § 20101 et seq., and the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. BNSF has moved for summary judgment on both claims. For the reasons explained below, BNSF’s motion will be granted in part, and denied in part.

BACKGROUND

The following facts are not meaningfully disputed. Logsdon began his employment with BNSF as a laborer in 2006. Filing 126 at 1. He worked in that position, and later [897]*897as a first line supervisor, until his termination on August 27, 2013. Filing 126 at 13. Throughout his employment, Logsdon worked in the railroad’s maintenance shop in Alliance, Nebraska, where he assisted in the repair of damaged coal cars.

Generally speaking, when a damaged coal car enters the Alliance facility, certain precautionary measures must be performed before it reaches a BNSF car-man — the employee who is ultimately responsible for repairing the railcar. One such measure is the removal of “residual” coal, which can sometimes stick to the bottom or sides of a railcar due to cold weather or moisture. Filing 126 at 14. Typically, when the removal process is performed inside the facility, a BNSF carman opens the railcar’s “dump doors,” causing the coal to fall onto heavy cardboard paper — or “slip paper” — which is placed underneath each opening. Filing 126 at 15. A laborer then bends down, slides the coal-laden slip paper from under the railcar, and shovels the coal into a nearby dumpster. Filing 126 at 15.1

Logsdon alleges that he was injured in September 2012 while removing coal that was dumped inside of the Alliance maintenance facility. Specifically, Logsdon claims that he was pulling slip paper from under a railcar when his back “popped,” causing immediate pain in his shoulders and chest. Filing 127-2 at 2. The slip paper, Logsdon estimates, contained 150 to 200 pounds of coal. Filing 126 at 16.

Logsdon did not immediately report the incident to management. But approximately 3 months later, on January 16, 2013, he met with his direct supervisor, Andrew Callahan. Filing 126 at 3. According to Logsdon, Callahan provided him with a company injury form, which Logsdon began filling out. But as Logsdon started describing the slip paper incident, Callahan allegedly grabbed the form and threw it away. Filing 126 at 20. According to Logsdon, Callahan explained that he would not allow another “reportable injury,” and instructed Logsdon to start over with a new report.2 Filing 126 at 20; filing 127-2 at 4. Callahan then allegedly dictated to Logsdon the substance of the report— making sure that the cause of injury was not attributable to a specific workplace event. Rather, Logsdon says, Callahan made him list as the cause of his injury: “Pain Accumulated over a Period of Time.” Filing 125-6 at 27; filing 126 at 20. Logs-don claims that he went along with Callahan’s alleged demands out of fear of termination, and ultimately submitted a report without any reference to the slip paper incident. See filing 125-6 at 27.

BNSF held a standard hearing on Logs-don’s injury report on May 29, 2013. Filing 126 at 4. At the hearing, Logsdon informed the claims administrator that he was injured while pulling slip paper from underneath a railcar. Filing 125-6 at 55. But that explanation conflicted with his earlier description on the incident report — ie., that the injury stemmed from a condition that had deteriorated over time. Filing 125-6 at 27. So, based on these inconsistencies', BNSF opened a separate investigation into Logsdon’s “conduct/dishonesty” in reporting the underlying injury. See fil[898]*898ing 126 at 6. As .part of this investigation, the railroad held a hearing, in which Logs-don was permitted to testify, call, witnesses, and submit evidence on his own behalf. There, Logsdon admitted that his January injury report, to the extent that it omitted the slip paper incident, was inaccurate. But, he argued, such inaccuracies were the result of intimidation that he endured at the hands of his supervisor, Callahan. Filing 126 at 7; filing 126-10 at 7. Logsdon submitted evidence on this point, including a handwritten note that he allegedly wrote (and kept) after the January. 16 meeting with Callahan, and an email that he had sent to a union official. See, filing 125-6 at 29; filing 125-6 at 65.

Callahan also testified at the investigatory hearing. He acknowledged meeting with Logsdon on January 16, but denied Logs-don’s description of events. According to Callahan, Logsdon never mentioned the slip paper incident, and he (Callahan) at no point demanded that Logsdon lie or omit information regarding- the injury. Filing 125-10 at 9; filing 125-5 at 12.

The transcript of the investigatory hearing and all accompanying exhibits were sent to BNSF’s “PEPA” department for review. Filing 126 at 9. That department is charged with overseeing the railroad’s discipline process, and making initial determinations as to whether disciplined employees can and should be terminated. Filing 126 at 9; filing 125-10 at 3. After reviewing the documents in this case, Derek Car-gill, the Director of Labor Relations, recommended that Logsdon be dismissed for dishonesty — which is, as both parties acknowledge, a standalone dismissible offense. Filing 124 at 4; filing 126 at 3; filing 126 at 9; filing 125-10 at 5. Cargill later testified that his decision was based on discrepancies in Logsdon’s story, and on credibility determinations of the testifying witnesses. See filing 125-10 at 9. Car-gill’s recommendation was then sent to Brandon Mabry, an Assistant Vice President, who — according to BNSF3 —made the final decision regarding Logsdon’s termination. Filing 126 at 12; filing 125-10 at 6; filing 125-16 at 1-2. Logsdon was informed of this decision, and officially dismissed from BNSF’s employ, on -August 27,2013. Filing 126 at 1-3. ■

STANDARD OF REVIEW

Summary judgment is proper if the movant shows that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. See- Fed. R. Civ. P. 56(a). The movant bears the initial responsibility of informing the Court of the basis for the motion, and must identify those portions of the record'which the movant believes demonstrate the absence of a genuine .issue of material fact. Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc). If the movant does so, the non-movant must respond by submitting evi-dentiary materials that set out specific facts showing that there is a genuine issue for trial. Id.

On a motion for summary judgment, facts must be viewed in the light most favorable to the nonmoving party only if there is a genuine dispute as to those facts. Id. Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the evidence are jury functions, not those of a judge. Id. But .

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Cite This Page — Counsel Stack

Bluebook (online)
262 F. Supp. 3d 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logsdon-v-bnsf-railway-co-ned-2017.