Jump To Navigation

Case Law

James Deacon v. Metro-North Railroad Company

Date Decided: September 22nd, 2009
Originally Filed in: Connecticut (Federal)
Decided by: Connecticut District Court (Federal)
Court: U.S.D.C. Connecticut
Judge: Judge Kravitz
Citation: 2009 WL 3059128

Background:
Plaintiff, James Deacon ("Deacon"), filed an action against defendant, Metro-North Railroad Company ("Metro-North") under the Federal Employers' Liability Act ("FELA"). Deacon was injured on the job when an electrical arc explosion occurred while he was working on a sectionalizing switch box which housed a switch that controlled power to a rail. Both parties agreed that during the project, a set of cables running from the rail Deacon was working on to the switch had become detached from their housing and were touching the metal casing of a motor inside the switch box causing it to be electrically charged. Deacon alleged that Metro-North violated FELA for failing to take reasonable care to provide him with a safe place to work. Metro-North countered asserting that Deacon was contributory negligent. Deacon filed a partial motion for Summary Judgment asserting that Metro-North's violation of an OSHA regulation causing his injury precluded Metro-North from using the contributory negligence defense.

Issues:
Did the Court find that an OSHA regulation was a "safety statute" under FELA and therefore, making a violation of an OSHA regulation a bar to the contributory negligence defense?

Held:
Deacon argued that an OSHA regulation should be deemed a statute for the purposes of §53 of FELA which does not allow the contributory negligence defense for employees who are killed or are injured as a result of the violation of "any statute enacted for the safety of the employees...". Moreover, Deacon argued that under §54(a), added in 1994, which states that "any regulation, standard or requirement" prescribed by the Secretary of Transportation a "statute" for purposes of §53". That is, any OSHA regulation is considered a statute enacted for the safety of the employees, barring the contributory negligence defense, pursuant to §53. Deacon contended that OSHA regulations should be deemed to be safety statues under §53 because the Federal Rail Administration have stated that OSHA regulations are "in force" on railroads in the absence of specific FRA violations. Deacon further argued that OSHA regulations are de facto FRA regulations because FRA has either explicitly adopted, or formally delegated authority to OSHA. However, this Court found that the FRA has merely clarified that OSHA regulations apply to railroad as they would to any other industry unless the FRA has not issued regulations governing the subject matter of the OSHA regulations. In fact, according to this Court, the FRA will make it clear if it explicitly adopts an OSHA regulation. Finally, Deacon argued that policy supports the assertion that OSHA regulations that apply to railroads are no different than FRA regulations. However, this Court refused to accept this reasoning stating that Congress has not intended to do so and if anyone is to make the change, it is Congress. Ultimately, this Court rejected Deacon's argument holding that an OSHA violation is not a violation of a safety statute under §53.

Comments:
One of the railroad's defenses under FELA, contributory negligence, is barred if the plaintiff is able to show a violation of a safety statute under §53 and §54(a) of FELA. The plaintiff in this case tried to assert that an OSHA violation, by way of the FRA adopting OSHA regulations, was a "safety statute" under §53 and therefore an OSHA violation by Metro-North precluded their use of the contributory negligence defense. However, this Court found that an OSHA regulation was not a "safety statute" under FELA and therefore did not bar the contributory negligence defense.

Steve Gordon

<< PREVNEXT >>

James Deacon

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