Jump To Navigation

Case Law

Freda Ratliff v. Norfolk Southern Railway Company

Date Decided: March 12th, 2009
Originally Filed in: ()
Decided by: (State)
Court: Supreme Court of Appeals of West Virginia
Judge: udge Davis
Citation: 680 S.E.2d 28

Background:
The estate of a locomotive engineer, who died from mesothelioma, brought an action under the Federal Employers' Liability Act ("FELA") against railroad Norfolk Southern Railway Company ("Norfolk"). The lower Court granted Norfolk's motion for summary judgment and the plaintiff, Ratliff, appealed. Mr. Ratliff, the deceased, worked for Norfolk for nearly 40 years. Upon reaching the age of 60, Mr. Ratliff received several documents explaining a voluntary separation or early retirement program. The purpose of the program was to reduce staffing levels in order to reduce employment costs by replacing or eliminating certain positions. Within the separation agreement was a release that stated, "is total and absolute release of any employment rights with any Norfolk Company and of any claims of any kind whatsoever arising from your employment relationship with the Company ("Norfolk")." Mr. Ratliff entered into the agreement and began "retirement". About 19 years after his separation, Mr. Ratliff was diagnosed with mesothelioma and died as a result. Mrs. Ratliff, as an executrix to Mr. Ratliff's estate, brought this action under FELA. Norfolk responded with a motion for summary judgment and asserted that they had been released under the separation agreement. The lower court granted Norfolk's motion for summary judgment.

Issues:
Did this Court uphold the "release" in the separation agreement and find that the plaintiff's action, under FELA, was barred?

Held:
Under FELA, common carriers are prohibited from exempting itself from liability imposed by FELA. §5 States that : "Any contract....the purpose or intent of which shall be to... enable a common carrier to exempt itself from any liability created by this chapter (FELA) shall be void". Although the provision appears to prohibit all liability exemptions, there are instances where the Supreme Court has upheld such releases. When a device is used to compromise claimed liability, the Court has upheld such release. However, when the device is used to exempt the employer from liability created under FELA, then it will not be upheld. When there is a dispute between an employer and employee under FELA, the parties may release their specific claims as part of an out-of-court settlement without contravening the Act. However, when the release was not executed as a part of a specific settlement of FELA claims then 45 U.S.C. §55 precludes the employer from claiming the release as a bar to liability. Accordingly this court reversed the lower court's grant of summary judgment.

Comments:
A general release of liability, when no FELA claim exists, will not be allowed. However, the distinction is made that when a controversy has arisen each party may enter into an agreement (settlement) to release one another from such action. If the deceased here had signed the release after getting mesothelioma and filing an action under FELA, that it most likely would have been upheld. Steve Gordon http://www.Gordon-Elias.com

<< PREVNEXT >>

Freda Ratliff

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