STEPHEN R. BOUGH, District Judge.
Before this Court is Plaintiff Jason Benda's Motion for Partial Summary Judgment (Doc. #16). For the reasons stated below, the motion is GRANTED.
Plaintiff moves for partial summary judgment. A moving party is entitled to summary judgment on part of a claim or defense if he "shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). Material facts are those "that might affect the outcome of the suit under the governing law," and a genuine dispute over a material fact is one "such that a reasonable jury could return a verdict for the nonmoving party."
The relevant facts on a summary judgment motion depend on the parties' ability to support their factual positions with citations to the record. First, the movant must identify particular portions of the record that demonstrate the absence of a genuine dispute of material fact. Fed. R. Civ. P. 56(c)(1); L.R. 56.1(a). Then, the nonmovant must respond by submitting evidentiary materials establishing the existence of a genuine dispute surrounding a material fact.
Because many of Plaintiff's factual assertions are not supported by the parts of the record he cites, the Court excludes them from consideration.
Plaintiff worked as a locomotive engineer for Defendant. Benda Depo. 23 (Doc. #16-2). He began his regularly scheduled run operating Defendant's freight train from the Kansas City area heading east.
As Plaintiff chugged eastbound, he saw an oncoming train on the same track. Benda Depo. 105-06. The conductor of the oncoming train, William Johnson, radioed him to stop his train.
The three men ran down a catwalk to the edge of the train, intending to jump off before it collided with the westbound train. Johnson Depo. 64. Plaintiff hesitated, hoping his train would slow down more. Benda Depo. 109. Kramer jumped; Neuweg followed.
On the other train, Johnson and his engineer, Robbie Thompson, engaged their own emergency brake and exited the locomotive. Johnson Depo. 64. Thompson jumped off the train, but Johnson decided not to.
Johnson later admitted that before encountering Plaintiff's train, he had driven the train through a red signal. Johnson Depo. 63. Defendant's counsel conceded at oral argument that red train signals, like red stoplights for automobiles, indicate that the operator must come to a complete stop.
Having suffered cuts and abrasions from his fall, Plaintiff sued Defendant.
The Amended Complaint asserts three counts against Defendant. Count I alleges that Defendant negligently failed to provide reasonably safe work conditions, in violation of the Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60. Plaintiff moves for partial summary judgment on two aspects of this claim.
First, he seeks an order establishing that Defendant's actions were a cause, in whole or in part, of his injuries. FELA makes a railroad liable to its employees for an "injury or death resulting in whole or in part from the negligence" of another railroad employee. 45 U.S.C. § 51. FELA negligence claims require a showing of causation.
FELA causation is not determined by the common law rules of proximate causation.
Even viewing the evidence most favorably toward Defendant, a reasonable jury would have to conclude that Defendant played a slight role in causing Plaintiff's injuries. Because of Defendant's actions, another train was traveling on the same track in the direction of Plaintiff's train. Plaintiff, along with three other of Defendant's employees, decided to jump off their locomotives solely because they believed a collision was imminent. The record implies no other possibility for why Plaintiff would have jumped from his train. Therefore, Defendant crosses the very low threshold of having played "even the slightest" part in producing Plaintiff's injury.
Second, Plaintiff seeks a favorable judgment on Defendant's affirmative defense of contributory negligence.
Section 240.305(a)(1) prohibits a locomotive engineer from "[o]perat[ing] a locomotive or train past a signal indication, excluding a hand or a radio signal or a switch, that requires a complete stop before passing it." 49 C.F.R. § 240.305(a)(1). This regulation is arranged in the
The Federal Railroad Administration ("FRA"), a division of the Department of Transportation, enacted § 240.305(a)(1) pursuant to a statutory chapter whose sole stated purpose "is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents." 49 U.S.C. § 20101;
The text, regulatory context, and agency history of § 240.305(a)(1) establish that it was intended to enhance the safety of railroad employees. First, safety is an obvious reason to make a locomotive stop at a red signal. Red-signal stops may confer other benefits—for example, protecting railroad property—but employee safety is at least one benefit. More generally, minimum competence standards for locomotive engineers—of which § 240.305(a)(1) is part— logically benefit employee safety in some part. FRA promotes this safety by subjecting violators of § 240.305(a)(1) to civil penalties, which are heightened if the violator egregiously harmed or threatened harm to another person.
Second, FRA's authority for enacting the regulation is a statute endeavoring "to promote safety in
Finally, FRA specifically enacted the qualification standards, including § 240.305(a)(1), to prevent hazards like head-on train collisions, which can injure railroad employees. Qualifications for Locomotive Engineers, 56 Fed. Reg. at 28228, 28232, 28252. Therefore, FRA enacted § 240.305(a)(1) for the safety of railroad employees.
Defendant cites a case arguing that "[t]he text of 49 C.F.R. § 240.305 does not evince concern for employee safety any more so than it does concern for the safety of the traveling public or that of the locomotive and its cargo."
Defendant emphasizes another FRA regulation that the Secretary of Transportation specifically stated was enacted to protect employees. 49 C.F.R. § 214.1(a) ("The purpose of this part is to prevent accidents and casualties to employees involved in certain railroad inspection, maintenance and construction activities."). Defendant argues that the Secretary's failure to make a similar declaration in § 240.305 implies that § 240.305 was not enacted for that purpose.
Because § 240.305(a)(1) is a "statute enacted for the safety of employees," and because Defendant's employee violated this regulation by driving past a red signal without stopping, contributory negligence cannot diminish Plaintiff's recovery.
Accordingly, it is hereby