Lund

Under the Federal Employers Liability Act (FELA), a railroad employee injured by the employer’s negligence may sue the employer for negligence. The action may be filed in either a state or a federal court. ( 45 U.S.C. § 56 .) This case raises two questions pertaining to actions brought in California courts.

First, should the trial court tell the jury that the injured employee is not entitled to benefits under California’s workers’ compensation law? The answer is no, unless a case presents unusual circumstances where the probative value of this information outweighs its prejudicial effect.

Second, if the employer rejects the employee’s pretrial settlement offer and the employee at trial obtains a judgment more favorable than the offer, may the trial court award the employee prejudgment interest under California law? The answer is no, because federal law prohibits such an award.

I. FACTS

Plaintiff Ronald G. Lund worked as a trackman for defendant San Joaquin Valley Railroad. In the spring of 1997, he and other employees were replacing worn railroad ties. After replacing those ties with new ones, the workers used a “hydrospiker,” a machine that drives spikes through the…