Grimes v. Norfolk Southern Ry. Co.

• Decision Date: 18 September 2000
• Docket Number: No. 3:99CV0429 AS.,3:99CV0429 AS.
• Citation: 116 F.Supp.2d 995
• Parties: Vernon GRIMES, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, and Douglas A. Drewery, Defendants.
• Court: U.S. District Court — Northern District of Indiana

116 F.Supp.2d 995

Vernon GRIMES, Plaintiff, v. NORFOLK SOUTHERN RAILWAY COMPANY, and Douglas A. Drewery, Defendants.

No. 3:99CV0429 AS.

United States District Court, N.D. Indiana, South Bend Division.

September 18, 2000.

COPYRIGHT MATERIAL OMITTED

John C. Duffy, Layfayette, IN, for Norfolk.

Melanie M. Dunajeski, Julie R. Huble, Hammond, IN, for Douglas Drewery.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

This case is before the Court on Defendant Norfolk Southern Railway Company's Motion for Summary Judgment on Plaintiff's Count I, filed on February 29, 2000, and Defendant Douglas A. Drewery's Motion for Summary Judgment on Plaintiff's Count II, filed on June 1, 2000. The case involves three distinct claims arising out of the same set of facts surrounding a collision between a car driven by Douglas A. Drewery ("Drewery"), and a train owned and operated by Defendant Norfolk Southern Railway Co. ("NSRC"). The plaintiff, Vernon Grimes, was a conductor on Defendant Norfolk's freight train and was injured after the collision while performing a required post-accident inspection of the train. The Plaintiff filed a complaint against NSRC based on Title 45, U.S.C. § 51 et seq., commonly known as the Federal Employer's Liability Act ("FELA"). The Plaintiff filed a separate claim against Drewery under Indiana Common Law alleging that Drewery was negligent and caused the crossing collision when he inexplicably parked his car on the tracks. In addition, NSRC cross-claimed against Drewery for allegedly causing the accident in hopes of recovering the money it has already paid for the Plaintiff's medical bills.

Extensive oral argument was had in Lafayette, Indiana on September 1, 2000 and these able, highly experienced lawyers, with that experience in railroad law, were most helpful in delineating the issues. Discovery has been exhaustive and the record is massive. The Court has considered all the submissions of the parties and now rules as follows.

I. JURISDICTION

Each of the claims before the Court must have a basis for jurisdiction. There is no question that as between NSRC and Drewery, this court has federal question jurisdiction under Title 28 U.S.C. § 1331 with regard to the claims under FELA, 45 U.S.C. § 56. Jurisdiction over the Plaintiff's Count II claim against Drewery is based on federal supplemental jurisdiction under 28 U.S.C. § 1367(a) as the claim arose out of a common nucleus of operative facts and is so related to the FELA claim as to be part of the same case or controversy. Joinder is appropriate under Fed. R.Civ.P. 20(a). Jurisdiction over NSRC's cross-claim is also premised on 28 U.S.C. § 1367(a), with joinder appropriate under Fed.R.Civ.P. Rule 13(g).

II. RELEVANT FACTS

The Plaintiff, Grimes, was employed as a brakeman/conductor for the Defendant Railroad since 1967. (Grimes Dep. at 2-5.) On August 15, 1997, he was working as a conductor on NSRC Number 195L6 which was running from Fort Wayne, Indiana to Detroit, Michigan. (NSRC's Br. in Supp. at 2.) Early on the morning of August 15, 1997, at approximately 2:15 a.m., the crew became aware of a vehicle sitting on the tracks at the intersection of Parent Road and NSRC's mainline tracks northeast of New Haven, not far from Fort Wayne, Indiana. (Pl.'s Ans. to NRSC at 3.) Despite the sounding of the locomotive whistle, the car did not move off the tracks and was struck by the NSRC train. (Id.) Although efforts to stop the train began as soon as the car was spotted, the train did not come to complete halt until about ten railroad car lengths beyond the crossing. (Id.) Both the Plaintiff and the Defendant NSRC allege that the driver of the car, Drewery, was intoxicated at the time his car was parked on the railroad tracks, and that it had been there for some time, but Drewery denies these allegations.

Pursuant to company policy, Grimes and a student conductor, DeWayne DeHart, exited the train and began walking back towards the crossing to inspect the train for damage or derailed cars, and to provide whatever assistance possible to the motorist. (NSRC's Br. in Supp. at 2.) Grimes found himself in the position of having to find a safe place to walk along the edge of the railroad track while at the same time inspecting the train, with only the use of a railroad lantern to illuminate both his path and the train. (Pl.'s Ans. to NSRC at 4.) He couldn't walk on the area directly adjacent to the track because the grade was too steep and the large stones used in the ballast rolled under his feet. (Id.) Therefore, Grimes decided that the edge of the ballast, about ten to twelve feet from the ends of the ties, was the safest place to walk to conduct his inspection. (Id.) The footing in this area was still problematic as it contained a mixture of grass, weeds, dirt and stray ballast stones. (Id.) In addition, according to Grimes, it contained a hole about the size of a basketball that he accidentally stepped into as he was inspecting the train, resulting in his injuries. (Id.)

III. STANDARD OF REVIEW

Summary judgment is proper if the pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits, show that there exists no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. FED. R.CIV.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Bragg v. Navistar Int'l Trans. Corp., 164 F.3d 373 (7th Cir. 1998). Celotex addressed the initial burdens of the parties under Rule 56, and Anderson addressed the standards under which the record is to be analyzed within the structure of Rule 56.

The initial burden is on the moving party to demonstrate, "with or without supporting affidavits," the absence of a genuine issue of material fact and that judgment as a matter of law should be granted in the moving party's favor. Celotex, 477 U.S. at 324, 106 S.Ct. 2548 (quoting Fed.R.Civ.P. 56); Larimer v. Dayton Hudson Corp., 137 F.3d 497 (7th Cir.1998). A question of material fact is a question which will be outcome determinative of an issue in the case. The Supreme Court has instructed that the facts material in a specific case shall be determined by the substantive law controlling the given case or issue. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. Once the moving party has met the initial burden, the opposing party must "go beyond the pleadings" and "designate `specific facts shows that there is a genuine [material] issue for trial.'" Id. The nonmoving party cannot rest on its pleadings, Weicherding v. Riegel, 160 F.3d 1139 (7th Cir. 1998); Waldridge v. American Hoechst Corp., 24 F.3d 918 (7th Cir.1994); nor may that party rely upon conclusory allegations in affidavits. Smith v. Shawnee Library Sys., 60 F.3d 317, 320 (7th Cir. 1995).

During its summary judgment analysis, the court must construe the facts and draw all reasonable inferences in the light most favorable to the nonmoving party. Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560 (7th Cir.1996). Furthermore, it is required to analyze summary judgment motions under the standard of proof relevant to the case or issue. Anderson, 477 U.S. at 252-55, 106 S.Ct. 2505. Applying the above standard, this Court addresses the Defendants' motions.

IV. ANALYSIS

This Order addresses both Defendants' Motions for Summary Judgment. NSRC has moved for summary judgment on two grounds: first that it was not negligent; second, in a supplemental brief, on the grounds that FRSA regulations supercede the FELA basis for Grimes' negligence claim against the railroad and preclude recovery. This second basis is drawn from NSRC's interpretation of the Seventh Circuit's recent ruling in Waymire v. Norfolk & Western Railway Company, 218 F.3d 773 (7th Cir. July, 2000). Drewery has moved for summary judgment on the grounds that an intervening, superceding cause cut off his liability for Grimes' injuries. The railroad's claims will be addressed first, starting with the preclusion issue because, if Grimes claims are precluded, then the negligence issue becomes moot.

A. Norfolk's Motion for Summary Judgment

1. Preclusion of Plaintiff's FELA Claims by FRSA Regulations

Some version of the FELA has been on the books as enacted by Congress since the first decade of the Twentieth Century. It was enacted in the heyday of American steam railroads. Williams v. National Railroad Passenger Corp., 161 F.3d 1059, 1061 (7th Cir.1998). When Congress enacted FELA, it's focus was on reducing injuries and death resulting from accidents on interstate railroads. Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, 542, 114 S.Ct. 2396, 129 L.Ed.2d 427 (1994). Recognizing the physical dangers inherent in the operation of a railroad, Congress "crafted a federal remedy that shifted part of the `human overhead' of doing business from employees to their employers." Id. The FELA is a broad remedial statute which the United States Supreme Court construes liberally in order to effectuate its purposes. Gottshall, 512 U.S. at 543, 114 S.Ct. 2396. FELA provides that railroads operating in interstate commerce:

shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce ... for such injury or death resulting in whole or part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

In 1970, Congress passed the Federal Railroad Safety Act, 49 U.S.C. § 20101 et. seq. ("FRSA") for the purpose of promoting rail safety and making laws, regulations and orders related to railroad safety "nationally uniform to the extent possible." 49 U.S.C. § 20106. This purpose is compatible with the purpose of FELA, to promote...