Case Name: Chester H. Tridle Jr. v. Union Pacific Railroad Co.
Date Decided: December 10, 2009
Court: U.S.D.C. District of Nebraska
Judge: Judge Strom
Citation: 2009 WL 4827480 (D.Neb.)

Background:
Both plaintiff and defendant have moved for motions to strike certain testimony, in limine, and partial motion for summary judgment.

This action was filed under the Federal Employers’ Liability Act (“FELA”). Norman Davis and James Jackson worked for Union Pacific as an electrician and carman respectively. Both employees alleged that they were exposed to various ergonomic risk factors during their employment which resulted in “cumulative trauma injuries”.

Specifically Davis alleged that he suffered from carpal tunnel syndrome in his right wrist and an injury in his left shoulder. Jackson claimed he suffers from injuries to his wrists, lower back, and knee. Before this Court, aside from the various evidentiary motions, is a motion for partial summary judgment, filed by UP, as to whether UP’s negligence caused the injuiries.

Issue:
Did this court deny or grant UP’s motion for summary judgment whether their negligence caused plaintiffs’ injuries?

Held:
To prevail on a FELA claim, the plaintiffs must prove the common law elements of negligence, including causation.

The test of causation, is whether the railroad’s negligence played any part, however small, in the injury which is the subject of the suit. Federal courts have found medical expert evidence generally required to prove causation in a FELA case “unless the connection is a kind that would be obvious to a layman..”.

This Court held that the plaintiffs’ injuries required medical testimony regarding causation because the causal connection alleged by each plaintiff is not one that would be obvious to a juror.

Plaintiffs have failed to identify any other medical expert evidence to establish causation, UP, on the other hand, has submitted testimony that no causal connection exists between Davis’ claimed injuries and UP’s negligence. Moreover, UP has introduced expert evidence that on causal connection existed between Jackson’s lower back injury and UP’s negligence.

Accordingly this Court granted UP’s motion for summary judgment.

Comment:
Under FELA, a plaintiff must not only prove that the 1. Employer was negligence but he/she must also prove, 2. The negligence played a part, however small, in causing the injury.

Typically, plaintiffs will offer expert testimony by a Dr. they have been treated or examined by to establish the causal connection between plaintiff’s injuries and employer’s negligence. Failure to do so may result in an unfavorable summary judgment order by the court.

Steve Gordon