Miller v. Union Pacific Railroad Co., No. 19-2536 (8th Cir. 2020)Annotate this Case
After plaintiff was injured while serving as an engineer for UP when the train he was operating partially derailed because of a misaligned switch, he filed suit under the Federal Employers' Liability Act (FELA), alleging claims of FELA negligence per se and negligence.
The Eighth Circuit affirmed the district court's denial of plaintiff's motion for partial summary judgment and grant of UP's motion for summary judgment. In regard to plaintiff's negligence per se claim, the court held that plaintiff failed to present any evidence that would raise a genuine issue of material fact that UP "played any part, even the slightest" to cause the switch to be moved from its designated position. Rather, the evidence showed the switch was misaligned by a criminal act of a third party. Furthermore, there is no evidence in the record that any act of a UP employee contributed to the misalignment. Therefore, UP committed no act violating the regulation requiring switches to be aligned per the railroad's written policy.
In regard to the negligence claim, the court held that UP cannot be liable under a negligence theory for failing to properly align the switch unless it knew or had reason to know it was misaligned. In this case, there was no evidence that UP was aware the switch was not properly aligned. Likewise, plaintiff presented no evidence that UP failed to reasonably protect its keys or had reason to know that the security of its keys or locks were compromised; plaintiff proffered no evidence of an industry standard or other evidence that could lead a jury to find UP negligent for failing to remove the switch or track; and plaintiff failed to point to any evidence that would establish that UP was negligent if it failed to install additional or different devices to prevent someone from tampering with the switch.