Woods v. Burlington Northern & Santa Fe Railway

2004 MT 332, 104 P.3d 1037, 324 Mont. 151, 2004 Mont. LEXIS 598
CourtMontana Supreme Court
DecidedNovember 23, 2004
DocketNo. 03-139
StatusPublished
Cited by3 cases

This text of 2004 MT 332 (Woods v. Burlington Northern & Santa Fe Railway) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woods v. Burlington Northern & Santa Fe Railway, 2004 MT 332, 104 P.3d 1037, 324 Mont. 151, 2004 Mont. LEXIS 598 (Mo. 2004).

Opinions

JUSTICE COTTER

delivered the Opinion of the Court.

¶1 Lillian Woods (Lillian), the widow of Andre “Pete” Woods (Woods), appeals the District Court’s determination that Burlington Northern Santa Fe Railroad (BNSF or the Railroad) was not negligent per se when one of its employees, Gordon Holloway (Holloway), failed to comply with the terms of a track warrant. The resulting collision caused Woods’ death. We reverse and remand.

ISSUES

¶2 A restatement of the issues before this Court is:

¶3 Did the District Court err in finding that BNSF was not negligent per se?

¶4 Did the District Court err in allowing the jury to consider whether Woods was contributorily negligent?

¶5 Did the District Court err in allowing BNSF employees to testify regarding BNSF’s safety rules?

FACTUAL AND PROCEDURAL BACKGROUND

¶6 The facts pertinent to the issues in this case are undisputed and uncontested. On August 23, 2000, Woods, a welding supervisor employed by BNSF, accompanied Holloway, a track supervisor for [153]*153BNSF, in a hy-rail vehicle to inspect a specific section of track. Prior to departing from their point of origin, Holloway, in accordance with federal regulations and company rules, obtained a "track warrant” (warrant), which gave Holloway’s vehicle exclusive use of the segment of track described in the warrant. The segment of track described in track warrants always has a clearly identifiable starting and ending point, and is known as the “working limits” of the warrant. Under the warrant, until Holloway notified the railroad dispatcher that he no longer required exclusive use of that segment of track, the dispatcher would not allow any other trains or railway vehicles coming from the opposite direction to be within the working limits assigned to Holloway.

¶7 Once Holloway reached the point of destination described in his track warrant, he was not authorized to proceed further down the track until he obtained a new track warrant defining new working limits. Holloway, nonetheless, proceeded more than four miles beyond the destination point of his working limit, at which time he encountered an oncoming train. The train struck the hy-rail vehicle. Holloway was able to jump clear but because Woods was constrained by a seat belt, he was unable to do so and was killed.

¶8 After the accident, BNSF conducted an investigation which determined that Holloway had violated the working limits of his exclusive track warrant authority by proceeding beyond the destination point identified in the warrant. The Railroad concluded that Holloway’s error had caused Woods’ death.

¶9 In June 2001, Lillian sued BNSF under the Federal Employers Liability Act (FELA). In September 2002, Lillian moved for partial summary judgment seeking an order that BNSF was negligent per se for violating the railroad safety rules promulgated by the Federal Railroad Administration (FRA). BNSF argued that the federal rules do not prohibit a hy-rail vehicle from exceeding the limits defined in a track warrant; therefore, Holloway had not violated federal safety rules, and BNSF was not negligent per se. Moreover, BNSF claimed that Woods was contributorily negligent because he did not stop Holloway from exceeding the working limits. After a hearing on November 13, 2002, the District Court concluded that BNSF was not negligent per se and denied Lillian’s Motion.

¶10 On November 21, 2002, just one day after receiving a copy of the District Court’s Order denying her Motion for Partial Summary Judgment on negligence per se, Lillian filed a “New Motion for Summary Judgment” seeking a ruling that Woods was not [154]*154contributorily negligent because he was, in no way, in control of the hy-rail vehicle. The District Court denied the Motion as untimely explaining that the Scheduling Order required that all pre-trial motions be filed by November 15.

¶11 A jury trial was held from January 6-9, 2003. At the close of the trial, the jury reached a special verdict awarding Lillian $969,796.78. The jury also found that Woods was 50% negligent. As a result, the District Court entered a judgment in favor of Lillian for $484,898.39. Lillian appeals.

STANDARD OF REVIEW

¶12 The District Court’s determination that BNSF was not negligent per se is a conclusion of law. We conduct a de novo review of a court’s conclusion of law to determine whether its interpretation of the law is correct. Reidelbach v. Burlington Northern Ry. Co., 2002 MT 289, ¶ 14, 312 Mont. 498, ¶ 14, 60 P.3d 418, ¶ 14 (citation omitted). See also State v. Ray, 2003 MT 171, ¶ 35, 316 Mont. 354, ¶ 35, 71 P.3d 1247, ¶ 35 (citation omitted).

DISCUSSION

¶13 The dispositive issue in this case is whether the District Court erred in ruling, as a matter of law, that BNSF was not negligent per se.

¶14 Negligence per se is simply negligence that is established as a matter of law, so that breach of the duty is not a jury question. It usually arises from a statutory violation. Black’s Law Dictionary, Seventh Edition. It is well established, however, that under the FELA, the violation of a safety regulation also constitutes negligence per se. Bevacqua v. Union Pacific Co., 1998 MT 120, 289 Mont. 36, 960 P.2d 273. See also Walden v. Illinois Central Gulf R.R. (7th Cir. 1992), 975 F.2d 361, 364. Accord Kernan v. American Dredging Co. (1958), 355 U.S. 426, 78 S.Ct. 394, 2 L.Ed.2d 382 (holding that recovery was permissible, without any showing of negligence, for death resulting from the violation of a rule concerning lighting equipment (emphasis added)); Pratico v. Portland Terminal Co. (1st Cir. 1985), 783 F.2d 255 (wherein the court determined that a jury instruction requiring the jury to find the defendant negligent as a matter of law if the defendant violated an OSHA regulation and such violation was a proximate cause of plaintiffs injury, was correct as a matter of law (emphasis added)). Bevacqua, ¶ 79.

¶15 In Bevacqua, Bevacqua’s knee was injured in three different work-related incidents over an almost twenty-year period. After the last [155]*155incident, he filed a FELA claim against Union Pacific alleging that the railroad was liable, under the theory of negligence per se, for his injuries. Union Pacific argued it could not be negligent as a matter of law because it had not violated a statute, but rather a locomotive noise-emission regulation, and that the injury Bevacqua sustained was not the type of injury that was foreseeable under the breached law. Citing Walden and Kernan, we held that violation of a federal regulation is negligence per se under the FELA, and as such it is not necessary to establish the element of foreseeability. Bevacqua, ¶ 86. The Court, therefore, reinstated the original award of $320,000. See also Rogers v. Missouri Pacific R. Co. (1957), 352 U.S. 500, 77 S.Ct.

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Related

State v. Nelson
2008 MT 359 (Montana Supreme Court, 2008)
Woods v. Burlington Northern and Santa Fe Railway Co.
2004 MT 384 (Montana Supreme Court, 2004)
Woods v. BURLINGTON NORTH. AND SANTA FE RY.
2004 MT 332 (Montana Supreme Court, 2004)

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Bluebook (online)
2004 MT 332, 104 P.3d 1037, 324 Mont. 151, 2004 Mont. LEXIS 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-burlington-northern-santa-fe-railway-mont-2004.