Gray v. Alabama Great Southern Railroad Co., No. 17-60817 (5th Cir. 2020)
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After Gregory Tramaine Miller was crushed to death between the couplers of two rail cars while working as a conductor trainee with the railroad, plaintiffs filed suit under the Federal Employers Liability Act (FELA).
The Fifth Circuit affirmed the district court's grant of summary judgment to the railroad, holding that Miller's failure to establish 3-Step Protection before going between rail cars was the sole cause of his death, that his going between moving rail cars was unforeseeable, and that plaintiffs failed to produce evidence of any negligent acts by the railroad attributable to causing Miller's death.
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