Gray v. BNSF Ry. Co.
Decision Date | 17 April 2023 |
Docket Number | 2:22CV103 JM |
Parties | COLUMBUS GRAY PLAINTIFF v. BNSF RAILWAY COMPANY, f/k/a BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY DEFENDANT |
Court | U.S. District Court — Eastern District of Arkansas |
Pending is Defendant's motion for summary judgment based upon two prior releases signed by the Plaintiff. The motion has been fully briefed. For the reasons set forth below, the motion is denied.
Plaintiff is a former employee of the Defendant. On August 4, 2004 Plaintiff signed a document entitled “Release and Settlement Agreement” (“the 2004 Agreement”). The 2004
Agreement stated in pertinent part that Plaintiff:
The 2004 Agreement was entered into knowingly and voluntarily by Plaintiff. Plaintiff's attorney at the time, Mr. Mark Stephens, also signed and witnessed the 2004 Agreement. The settlement amount was $175,000.
On August 21, 2017, Plaintiff signed a document entitled “Full and Final Settlement Agreement” (“the 2017 Agreement”). The 2017 Agreement read in pertinent part that Plaintiff released:
The 2017 Agreement stated that Plaintiff was specifically releasing Defendant from future claims based on potential exposure to allegedly toxic substances in the workplace:
The 2017 Release was entered into knowingly and voluntarily by Plaintiff. Plaintiff had the opportunity to consult with counsel and with a physician prior to signing the 2017 Agreement. The settlement amount was $9,500.
Plaintiff was diagnosed with Bladder Transitional Cell Carcinoma via a biopsy on November 4, 2019. Plaintiff filed suit in this Court on June 7, 2022. Plaintiff alleges that his bladder cancer was caused by the negligence of the Defendant by exposing Plaintiff to known cancer-causing materials in its operation. Specifically, Plaintiff alleges that while employed as a bridge and building carpenter for the Defendant throughout Arkansas, Florida, Mississippi, and Tennessee, he “was exposed to diesel fumes/exhaust from locomotive exhaust and from diesel powered on track equipment; asbestos from insulation in buildings and facilities; creosote from track ties and bridge timbers and silica from ballast dust.” Plaintiff contends that his cancer is the result of the Defendant utilizing known cancer-causing materials which it knew or should have known was toxic to its employees' health.
Summary judgment is appropriate only when there is no genuine issue of material fact, so that the dispute may be decided solely on legal grounds. Holloway v. Lockhart, 813 F.2d 874 (8th Cir. 1987); Fed.R.Civ.P. 56. The Supreme Court has established guidelines to assist trial courts in determining whether this standard has been met:
The inquiry performed is the threshold inquiry of determining whether there is a need for trial -- whether, in other words, there are genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986).
The Eighth Circuit Court of Appeals has cautioned that summary judgment should be invoked carefully so that no person will be improperly deprived of a trial of disputed factual issues. Inland Oil & Transport Co. v. United States, 600 F.2d 725 (8th Cir. 1979), cert. denied, 444 U.S. 991 (1979). The Eighth Circuit set out the burden of the parties in connection with a summary judgment motion in Counts v. M.K. Ferguson Co., 862 F.2d 1338 (8th Cir. 1988):
[T]he burden on the moving party for summary judgment is only to demonstrate, i.e., >[to] point out to the District Court,= that the record does not disclose a genuine dispute on a material fact. It is enough for the movant to bring up the fact that the record does not contain such an issue and to identify that part of the record which bears out his assertion. Once this is done, his burden is discharged, and, if the record in fact bears out the claim that no genuine dispute exists on any material fact, it is then the respondent's burden to set forth affirmative evidence, specific facts, showing that there is a genuine dispute on that issue. If the respondent fails to carry that burden, summary judgment should be granted.
Id. at 1339. (quoting City of Mt. Pleasant v. Associated Elec. Coop., 838 F.2d 68, 273-274 (8th Cir. 1988) (citations omitted) brackets in original)). Only disputes over facts that may affect the outcome of the suit under governing law will properly preclude the entry of summary judgment. Anderson, 477 U.S. at 248.
The validity of releases under the Federal Employers' Liability Act (“FELA”) raises a federal question to be determined by federal law rather than state law. Monessen Sw. Ry. Co. v. Morgan, 486 U.S. 330, 335 108 S.Ct. 1837, 1842, 100 L.Ed.2d 349 (1988); Dice v. Akron, Canton & Youngstown R. Co., 342 U.S. 359, 361, 72 S.Ct. 312, 314, 96 L.Ed. 398 (1952). Section 5 of the FELA provides that “[a]ny contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any...
To continue reading
Request your trial