Robert Lewis v. Wisconsin Central Ltd.

562 F. App'x 410
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 10, 2014
Docket13-1805
StatusUnpublished

This text of 562 F. App'x 410 (Robert Lewis v. Wisconsin Central Ltd.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Lewis v. Wisconsin Central Ltd., 562 F. App'x 410 (6th Cir. 2014).

Opinion

SILER, Circuit Judge.

Robert A. Lewis, a railroad engineer employed by Wisconsin Central, Ltd. (WCL), was injured while exiting the door of a locomotive. He filed a negligence suit under the Federal Employers’ Liability Act (FELA) and the Locomotive Inspection Act (LIA) alleging that a sliding bolt lock snagged his safety vest and caused him harm. The district court granted summary judgment to WCL. We AFFIRM.

I.

In 2008, Lewis and conductor Gary Ev-eringham were operating a train from Sault Ste. Marie, Ontario to Trout Lake, Michigan. The train was being pulled by a locomotive designated as CN 5295. Upon reaching Trout Lake, Lewis attempted to go out the back door of CN 5295 to secure a handbrake. After pushing down the handle on the locomotive’s back door to unlatch it, Lewis asserts that his safety vest became caught on a sliding lock bolt as he moved through the doorway. He momentarily lost his balance and, while in the process of catching himself, injured his shoulder.

*412 II.

We review a district court’s grant of summary judgment de novo. Campbell v. Burlington N. & Santa Fe Ry., 600 F.3d 667, 671 (6th Cir.2010). FELA provides that a railroad common carrier engaging in commerce:

shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce ... 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, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, ... or other equipment.

45 U.S.C. § 51. To succeed on a FELA claim, a plaintiff must “prove the traditional common law elements of negligence: duty, breach, foreseeability, and causation.” Adams v. CSX Transp., Inc., 899 F.2d 536, 539 (6th Cir.1990). Lewis accurately notes that FELA relaxes the standard of proof necessary for a plaintiff to prove causation. See Rogers v. Mo. Pac. R.R. Co., 352 U.S. 500, 506, 77 S.Ct. 443, 1 L.Ed.2d 493 (1957). That relaxed standard, however, does not lessen a plaintiffs burden to prove the remaining elements of negligence. Van Gorder v. Grand Trunk W. R.R., 509 F.3d 265, 269 (6th Cir.2007).

The LIA provides that a railroad may use only locomotives that:

(1) are in proper condition and safe to operate without unnecessary danger of personal injury;
(2) have been inspected as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter; and
(3) can withstand every test prescribed by the Secretary under this chapter.

49 U.S.C. § 20701. The LIA does not create an independent cause of action; instead, “[a] violation of the LIA is negligence per se under the FELA.” Szekeres v. CSX Transp., Inc., 617 F.3d 424, 427 (6th Cir.2010).

III.

A. FELA

Neither party disputes that under FELA a railroad has a duty to provide its employees with a reasonably safe workplace. See Bailey v. C. Vt. Ry., 319 U.S. 350, 352-53, 63 S.Ct. 1062, 87 L.Ed. 1444 (1953). This does not mean, though, “that a railroad has the duty to eliminate all workplace dangers.” Van Gorder, 509 F.3d at 269. “A railroad breaches its duty to its employees when it fails to use ordinary care under the circumstances or fails to do what a reasonably prudent person would have done under the circumstances to make the working environment safe.” Id.

In this case, Lewis alleges that WCL breached its duty by (1) installing sliding bolt locks on its locomotive’s doors, and (2) failing to repair an alleged defective sliding bolt lock on CN 5295. The district court correctly found that Lewis provided no evidence that WCL had breached its duty.

In 1988, WCL began installing sliding bolt locks in order “[t]o provide a reliable and low maintenance way of locking locomotive cab doors.” William Stoltenberg, WCL’s expert and its General Supervisor Mechanical, indicated that the sliding bolt locks were installed to “augment the existing door latches” to comply with 49 C.F.R. § 229.119(a). The Federal Railroad Administration (FRA) has never issued any citations or violations to WCL with respect to these locks.

Moreover, in the 20-year period from the sliding bolt locks’ initial installation until this incident in 2008, there were no *413 reported snag incidents from safety vests (or any other item) from the more than 3,000 railroad employees who utilized the doors on WCL’s locomotives. Indeed, Lewis admitted that most of the locomotives that he operated for WCL had sliding bolt locks and that he had never snagged himself before nor had he heard of anyone else snagging a safety vest (or anything else) on a sliding bolt lock. Fellow WCL employees Everingham and Spencer confirmed that they had never heard of a snag caused by a slide lock during the decades they have worked in the railroad industry. 1

With regard to the design of the sliding lock, Lewis contends it increased the risk of injury because the lock protruded out into the narrow doorway when the door was open. The photographs of the locomotive door that are part of the record, however, show that the bolt from the lock runs parallel to the door. When the door is open, even if the lock is in the extended position, the bolt points in the same direction as the door, i.e., down the catwalk. Thus, the bolt does not protrude into the doorway — a fact acknowledged by Spencer and Everingham as well as by Lewis’s expert. Additionally, Lewis concedes that the bolt and housing of the lock had “nicely rounded” parts, thereby reducing the risk of clothing snags.

Lewis attempts to support his defective-design claim by referencing a snagging incident experienced by Parrish Silberna-gel, a WCL trainmaster. However, Silber-nagel indicated that he caught his safety vest on the door latch — not the sliding bolt lock. This evidence involves an entirely separate mechanism with a different potential for snagging; it is irrelevant for assessing whether a sliding bolt lock increases the risk of injury.

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Related

Campbell v. BNSF Railway Co.
600 F.3d 667 (Sixth Circuit, 2010)
Bailey v. Central Vermont Railway, Inc.
319 U.S. 350 (Supreme Court, 1943)
Rogers v. Missouri Pacific Railroad
352 U.S. 500 (Supreme Court, 1957)
Szekeres v. CSX TRANSPORTATION, INC.
617 F.3d 424 (Sixth Circuit, 2010)
Walter D. Adams v. Csx Transportation, Inc.
899 F.2d 536 (Sixth Circuit, 1990)
Van Gorder v. Grand Trunk Western RR, Inc.
509 F.3d 265 (Sixth Circuit, 2007)

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Bluebook (online)
562 F. App'x 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-lewis-v-wisconsin-central-ltd-ca6-2014.