In re: Norfolk Southern Ry. Co., 592 F.3d 907 (8th Cir. 2010)
Jan 01, 2008OUTCOME: Lower court decision affirmed on appeal.
Employee worked as a railroad switchman or conductor for Norfolk Southern Railway Co. As he spotted coal-filled rail cars at a dock in Virginia, he fell from a car and injured himself. He sued Norfol ... k for damages in Missouri State court under the Federal Employers Liability Act (“FELA”). Norfolk removed the action to federal court, claiming that jurisdiction was proper under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) and not FELA. The district court disagreed and remanded the matter back to state court for further proceedings. On appeal to the U.S. Eighth Circuit Court of Appeals, Norfolk claimed that the LHWCA should control, because its employee was engaged in maritime employment at the time of his accident, namely spotting coal-filled rail cars about to be loaded onto ocean-going vessels. Although it was disputed that the employee’s accident occurred at a maritime situs, Norfolk argued that the employee’s job of switching railroad cars onto the correct tracks and in the correct sequence was essential to the vessel loading process. The Eighth Circuit found that the employee did not assist in the loading process, because he had nothing to do with preparing the rail cars for their descent to the docks for unloading onto the vessels. The employee’s job involved the rail cars before the vessel loading process began. Consequently, the employee was not a maritime employee for purposes of the LHWCA and the district court’s judgment was affirmed.
