Fontaine

Fontaine v. National RR Passenger Corp.

Good Law
1997 Cal. App. LEXIS 385·54 Cal. App. 4th 1519·63 Cal. Rptr. 2d 644·97 Daily Journal DAR 6353·97 Cal. Daily Op. Serv. 3764
Court of Appeal of CaliforniaApril 22, 1997C021640California4,335 words

Opinion

Opinion

Nicholson, J.

The National Railroad Passenger Corporation (Amtrak) appeals from a $1.9 million jury verdict in favor of Mary J. Fontaine, who was severely injured in the course of her duties as an Amtrak assistant railroad conductor when she fell from a locomotive ladder. Amtrak presents numerous contentions of instructional error, and also argues the damages were excessive. We affirm.

Factual and Procedural Background

On October 18, 1992, Fontaine fell as she was descending a locomotive ladder in Amtrak’s Oakland coach yard. It was disputed at trial whether Fontaine stepped in some oil in the locomotive passageway before she fell. Despite five surgeries, Fontaine’s left arm and hand are permanently disabled: She has a shortened left arm, is unable to grip or make a fist, and has lost about two-thirds of her normal wrist motion. She can no longer work as an operating railroad worker. She has gone back to school and is studying to become a journalist.

Fontaine sued Amtrak in July 1993 for negligence under the Federal Employers’ Liability Act (FELA) and for strict liability under the Boiler Inspection Act (BIA), a part of the Safety Appliance Act (SAA). The BIA claim was based on the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.