Jump To Navigation

Case Law

Collins v. National Railroad Passenger Corp.

Date Decided: December 1st, 2010
Originally Filed in: Maryland (state)
Decided by: Maryland Supreme Court (State)
Court: Maryland Court of Appeals (Highest Court)
Judge: Greene
Citation: 417 Md. 217 (Md. 2010)

Background:

In this FELA Case, the plaintiff, a railroad worker, was killed while working for the defendant.  At the time of the accident, Plaintiff was on assignment to take alignment readings of overhead electrical wires on a span of railroad track.  Plaintiff was electrocuted.  During the trial, the defendant and the decedent's former crew members testified about the decedent's work experience, safety training, and his decision not to invoke Amtrak's right of first refusal policy.  Plaintiff's counsel then offered an instruction on the inapplicability of the assumption of risk defense under FELA in order to avoid jury confusion that might prejudice the plaintiff's case.  The trial judge denied the proposed jury instruction.  After a five-day trial, the jury determined the plaintiff was solely at fault for the injuries resulting in his death.  Plaintiff appealed the trial court's decision to omit the requested jury instructions.


Issues:

Did the trial court error when it denied the plaintiff's request to read the proposed jury instructions? 


Held:

Yes, the court overturned the trial court's decision and remanded the case for a new trial.  Jury instructions regarding the difference between assumption of risk and contributory negligence are required in a FELA case when the evidence implicates that the plaintiff assumed the risks of his employment.  In this case, the evidence tended to show decedent's knowledgeable, voluntary encounter a dangerous work condition while he was executing customary duties as a member of his crew.  Consequently, the jury may have relieved the defendant of liability by finding that the Decedent was the sole cause of is fatal injury because he assumed the risks involved in performing a dangerous job.  


Comments:

It may amount to prejudicial error if a trial judge fails to give a cautionary instruction when evidence of an employee's knowledge of dangerous conditions of employment is before the jury, where the jury must draw inferences from the facts about the existence of direct or general orders, and where determinations of reasonableness must be made.


<< PREVNEXT >>

Collins

Overall issues discussed or touched upon by this case:
Free Case Evaluation Form Talk to a Lawyer Now
Please complete the math to prove you are not a robot:
=
in-depth overview FELA click here

LATEST CASE LAWS

In re Ricky Joe Jones, Cheryl Ann Jones, Debtors

Date Decided: Jan 25th, 2011
Decided By: U.S. Court of Appeals, Tenth Circuit(Bankruptcy) (Federal) read more

Leandrew Lewis v. CSX Transportation, Inc.

Date Decided: Mar 10th, 2011
Decided By: Ohio Southern District Court (Federal) read more

Subscribe to Case Law Feed

LATEST RAILROAD NEWS

Train Carrying Crude Oil Derails Causing Explosion & Fire in Alabama Wetlands

 ALICEVILLE, AL – A train carrying tanker cars full of crude oil derailed on November 8 causing an explosion and fire in a wetlands area just outside Aliceville, AL. The city of Aliceville is... read more

Railroad Worker Injured in Midvale, Utah TRAX Train Crash

 MIDVALE, UT – A TRAX commuter train crashed into an empty passenger car that was sitting on the tracks on November 6, derailing the train and injuring two passengers and a railroad employee in... read more

CSX Train Derails in Millcreek Township, PA

 MILLCREEK TOWNSHIP, PA – Four CSX rail cars full of construction debris derailed in Millcreek Township, PA on November 1, causing traffic delays at several intersections. Millcreek Township is... read more

Three CSX Railroad Workers One Motorist Injured at Bradner, OH Rail Crossing

 BRADNER, OH – Three CSX railroad employees were injured at a rail crossing just south of Bradner, OH on October 28, when a motorist drove around construction barriers and hit a utility pole and... read more

Subscribe RSS
Attorneys Refer your cases here

Toll-Free: 800-773-6770
Local: 713-668-9999
Fax: 713-668-1980
1811 Bering Drive, Suite 300
Houston, TX 77057

Of Counsel Offices

David Lockard
15 W Highland Ave
Philadelphia, PA 19118

Fred Bremseth
Minnesota Office
601 Carlson Parkway
Suite 995
Minnetonka, Minnesota 55305

Montana Office
100 North 27th Street
Suite 220
Billings, Montana 59101