Johnson vs Amtrak
Sep 09, 2015OUTCOME: Amtrak motions denied
LVolume 143 — Number 175 — Page 1937 Wednesday, September 9, 2015 AW Reporter Established in 1874 Established in 1874 D.C. Superior Court Tort Law Negligence / Federal Employer’s Liability Act / ... Standard of Care / Federal Railroad Safety Act / Federal Preclusion / Causal Link / Proof of Lost Wages Summary judgment is not appropriate in an action by a railroad engineer alleging injury from an improperly lubricated switch since Plaintiff has satisfied the requirement for standard of care and genuine issues of material fact exist. Plaintiff sufficiently established a standard of care under the relaxed burden of proof required by the Federal Employer’s Liability Act (“FELA”) through expert testimony about industry practices and customs and Defendant’s failure to adhere to its own internal regulations. Genuine issues of material fact remain regarding whether Defendant breached that standard, which must be decided by a jury. Plaintiff’s claims are not precluded by 49 C.F.R. § 213.103 because there is a genuine issue of material fact whether the work area around the switch constituted a walkway; earlier precedent has held that regulation does not preclude FELA claims regarding the use of ballast in walkways; federal preclusion is an affirmative defense and there is a genuine issue of material fact; and summary judgment should not be granted given the importance of jury remedy in FELA actions. There is a genuine issue of material fact whether the evidence will establish a causal link between Defendant’s conduct and Plaintiff’s injuries. Defendant argues that Plaintiff’s injuries could have come from unrelated activities while Plaintiff’s medical evidence and expert testimony all support a causal relationship. A genuine issue of material fact exists as to whether Plaintiff has sufficiently proven lost wages, specifically in regards to whether Plaintiff worked immediately following the injury and whether he could return to physically demanding positions that are similar to his previous position. Defendant’s motion for summary judgment is denied. WILLIE F. JOHNSON, JR. v. NATIONAL RAILROAD PASSENGER CORPORATION D.C. Super. Ct. No. 2013 CA 001107 B. Decided on August 26, 2015. (Hon. John M. Mott. J.). Mark Glen Sokoloff, Esq. of Hach & Rose and Lawrence M. Mann, Esq. for Plaintiff, Dawn Singleton, Esq. of Bonner Kiernan Trebach & Crociatta for Defendant. Cite as: Johnson v. National Railroad Passenger Corp., 143 Daily Wash. L. Rptr. 1937 (D.C. Super. Ct. Aug. 26, 2015).
