Handy v. Union Pacific R. Co., 900638-CA

Decision Date12 November 1992
Docket NumberNo. 900638-CA,900638-CA
Citation841 P.2d 1210
PartiesVivi HANDY, Plaintiff and Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant and Appellee.
CourtUtah Court of Appeals

David S. Kunz and William R. Hadley, Ogden, for plaintiff and appellant.

J. Clare Williams and Larry A. Gantenbein, Salt Lake City, for defendant and appellee.

Before GARFF, JACKSON and ORME, JJ.

OPINION

ORME, Judge:

Plaintiff Vivi Handy appeals the trial court's grant of defendant Union Pacific Railroad's motion for a directed verdict in this action brought under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq. Because we agree with the trial court's conclusion that plaintiff failed to prove the essential elements of a cause of action for negligence under FELA, we affirm.

I. FACTS

It is necessary that we recite the facts in some detail. Given the posture of the case, we review the facts set forth in plaintiff's case in chief.

Plaintiff began her Union Pacific employment as an "extra-board" clerk in 1974 in Provo, Utah. She was later promoted to crew dispatcher and then to chief crew dispatcher. Plaintiff's duties as crew dispatcher included receiving calls from the train dispatcher concerning trains to be staffed; calling the train crew, usually consisting of a conductor and two or three brakemen; and performing various clerical duties.

While working in Provo, plaintiff also assumed responsibility as the "griever" for the crew dispatchers' union, the Brotherhood of Railway and Airline Clerks. In such capacity she became familiar with the collective bargaining agreement (CBA) which governed the working conditions of crew dispatchers, and with the procedure by which crew dispatcher complaints concerning working conditions were to be filed and "grieved" with the railroad.

Plaintiff performed successfully as a dispatcher in defendant's Provo yard until 1985, when Union Pacific organized the Salt Lake City Regional Crew Management System Dispatcher's Office (CMS), consolidating a number of smaller, local dispatcher offices into the regional office operation. Crew dispatchers from the consolidated local offices were to be transferred to the CMS office in Salt Lake City. The CMS office used a new computer and telephone system to call crews and covered a much larger geographical area than those covered in the individual local offices. One of the offices consolidated into CMS was the Provo office.

When plaintiff learned her job would be terminated pursuant to Union Pacific's implementation of the new dispatching system, she voluntarily "bid" for a CMS crew dispatcher job late in 1985. Plaintiff was assigned to work the 8:00 a.m. to 4:00 p.m. shift in Area 4, which was one of the two or three busiest assignments at CMS. 1 After successfully completing a six week training course in Salt Lake City, plaintiff began her new CMS position during the latter part of March 1986.

The day shift at Area 4 involved many duties, including handling between 300 and 400 telephone calls per shift, updating four code-a-phones, 2 dealing with computer down time, 3 and other miscellaneous responsibilities. 4 4 All incoming and outgoing phone calls were monitored. The average time spent by a dispatcher on each call was computed, and the amount of time the dispatcher put the phones on "work mode"--equivalent to putting a phone on "hold"--was tabulated in seconds. Dispatchers were instructed to limit each call to less than 90 seconds, and each dispatcher's statistics were posted on the bulletin board daily.

Apparently, several other dispatchers (i.e., those working areas 1, 2, 3, and 5), an occasional roving dispatcher, and a number of supervisors were on duty during plaintiff's shift. They were supposed to be available to assist during busy times or when a dispatcher needed to leave the work station. However, these employees also had their own work, and were handling phone calls approximately 95% of the time. Thus, they were usually not available to relieve dispatchers when the dispatchers needed breaks or when calls stacked up. When a dispatcher was unable to obtain assistance during busy times, the work often backed up, aggravating an already stressful situation.

There were no scheduled work breaks at CMS. Dispatchers were expected to take breaks when the workload permitted them to do so. As required by the CBA, crew dispatchers were allowed a 20 minute paid lunch break which they could take either at or away from their desk. Most crew dispatchers chose to eat at their desks. If they desired to eat away from their desk, they were required to make arrangements with the supervisor at the beginning of the shift.

Plaintiff took extreme pride in her work as a crew dispatcher, and endeavored to perform her duties in an excellent fashion. Apparently, the combination of Area 4's heavy workload and plaintiff's reluctance to rely on others caused her to avoid leaving her desk to take breaks. Plaintiff's feeling of being tied to her work station caused plaintiff extreme stress which, in turn, exacerbated several preexisting medical problems.

Plaintiff worked at the Salt Lake CMS office from the latter part of March, 1986, to July 27, 1986. During this time she was under the medical care of Dr. James Nance, a longtime personal and family physician. During this same period of time, Union Pacific offered a seniority "buyout" to certain clerks having a right to guarantied status, which included the plaintiff. Because of her ongoing medical problems and the stress she was experiencing at CMS, and after consulting with her husband and Dr. Nance, plaintiff decided to apply for the buyout.

Prior to applying for the buyout, plaintiff apparently made at least two verbal complaints to the general and assistant managers regarding her need to be relieved in order to take restroom breaks. However, plaintiff filed no written grievances with defendant concerning the working conditions. Nor did plaintiff otherwise communicate her concern that the conditions were overly stressful, much less that they were aggravating her medical conditions and seriously jeopardizing her health.

Plaintiff applied for the buyout in May of 1986, anticipating that her application would be accepted and made effective immediately. However, Union Pacific advised plaintiff that, although her application had been accepted, she would not be able to exercise her buyout option until August 8, 1986. Plaintiff's concern over this delay generated additional stress, which further exacerbated plaintiff's medical problems. Nevertheless, plaintiff apparently did not communicate to CMS management that her health would not permit her to continue at CMS until August, and she continued her regular shifts with CMS.

Plaintiff's last day at CMS was July 27, 1986. On that day she became acutely ill while at work, experiencing headache, dizziness, and abdominal and chest pains. Upon informing her supervisor of her condition and requesting permission to leave immediately, she was told she could not be relieved unless a replacement could be found. Some time later she was told no replacement could be found, and thus was required to finish her shift. Plaintiff finished her shift with great difficulty, then drove home and went to bed.

The following day, plaintiff visited Dr. Nance, complaining of multiple medical problems. Dr. Nance diagnosed a "complete emotional and physical collapse," and advised her not to return to work. Subsequently, defendant placed plaintiff on a medical leave of absence. Plaintiff never returned to work. Plaintiff eventually applied for and received a total disability from the Federal Railroad Retirement Board. She is presently completely disabled from gainful employment.

Plaintiff commenced this action against Union Pacific, claiming it was negligent in failing to provide a safe place to work and a sufficient number of employees to perform assigned tasks, and that Union Pacific's negligence caused her to suffer stress-induced emotional, mental, and related physical illnesses. Plaintiff also alleged that Union Pacific negligently refused to help plaintiff when she became ill during her last day of work.

Trial was to the court. At the close of plaintiff's presentation of evidence, the railroad moved for a directed verdict. 5 The court granted the motion, holding that plaintiff failed to prove a prima facie case of negligence under FELA. The court concluded that plaintiff failed to prove (1) that the railroad breached its duty of reasonable care and (2) that plaintiff's injuries were reasonably foreseeable. The court entered judgment of dismissal in favor of the railroad. 6

On appeal, plaintiff argues that, in granting Union Pacific's motion, the trial court impermissibly applied traditional common law negligence concepts to measure the negligence of the railroad and erred in its conclusion of law with respect to plaintiff's burden of proof on the issue of foreseeability.

II. STANDARD OF REVIEW

FELA cases adjudicated in state court are subject to the forum state's procedural rules, while federal law governs the substantive issues. St. Louis Southwestern Ry. v. Dickerson, 470 U.S. 409, 411, 105 S.Ct. 1347, 1348, 84 L.Ed.2d 303 (1985). See also Alabama Great Southern R.R. v. Jackson, 587 So.2d 959, 962 (Ala.1991), cert. dismissed, 502 U.S. 1083, 112 S.Ct. 994, 117 L.Ed.2d 155 (1991); Mitchell v. Missouri-Kansas-Texas R.R., 786 S.W.2d 659, 661 (Tex.1990), cert. denied, 498 U.S. 896, 111 S.Ct. 247, 112 L.Ed.2d 205 (1992). Thus, a plaintiff who chooses to file a FELA case in state court is bound by that court's rules of procedure.

Under Utah Rule of Civil Procedure 41(b), the defendant in an action tried without a jury may, after the plaintiff has completed presentation of her evidence, move the court to dismiss the action if "upon the facts and the law the plaintiff has shown no right to relief." Southern Title Guar. Co. v. Bethers, 761 P.2d 951, 953 (Utah App.1988). Rule...

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