Norfolk Southern Railway Co. v. Sorrell
Issues
Did the Missouri Court of Appeals err by ignoring federal law and finding that the causation standard for employee contributory negligence under FELA is governed by Missouri-specific rules that impose a lower burden of proof on the railroad employee?
Timothy Sorrell, a railroad employee, suffered injuries while working for his employer, Norfolk Southern Railway Company (“Norfolk Southern”) and sued, seeking damages for his injuries, under the Federal Employers Liability Act (“FELA”). FELA is the federal statute governing railroad workplace injuries. After determining and apportioning negligence among the parties, the Missouri circuit court found for Sorrell, awarding him $1.5 million for his injuries. At issue in this case is the standard of negligence used to determine liability under FELA between plaintiff employee and defendant railroad. In conflict with the United States Supreme Court and several federal courts of appeals, the Missouri circuit court used a different standard to determine plaintiff and defendant liability. Traditionally, federal courts had used proximate cause to determine the liability of both parties. The Missouri circuit court, however, applied Missouri-specific rules that lower the employee’s burden to prove railroad negligence and that keep the railroad’s burden to prove contributory negligence by the employee the same. Given that FELA is the exclusive remedy for railroad employees injured on the job, the United States Supreme Court’s decision in this case will have a significant impact on all workplace injury cases involving railroads. The Supreme Court’s decision will reflect its view on the balance that courts should strike when considering negligence in FELA cases and will ultimately affect the outcome of all FELA cases by either maintaining the status quo or making it easier for plaintiff employees to emerge victorious.
Questions as Framed for the Court by the Parties
Whether the court below erred in determining – in conflict with this Court and multiple courts of appeals – that the causation standard for employee contributory negligence under the Federal Employers Liability Act (“FELA”) differs from the causation standard for railroad negligence.
Timothy Sorrell, Respondent, was employed as a trackman by Norfolk Southern Railway Company. Brief for Petitioner Norfolk Southern at 5. As a trackman for the railway company, Sorrell was classified as a “general laborer.” Id. at 5.