Zane Milton Walrod, Jr. v. Southern Pacific Company, a Corporation

On February 13, 1953, Zane Walrod was injured while employed by the Southern Pacific Company (the Company). Pursuant to the Federal Employers’ Liability Act (FELA), Walrod brought suit against the Company for damages. Walrod’s amended complaint filed on March 19, 1962, alleged that as a result of the Company’s negligence the injury he incurred had manifested itself as multiple sclerosis. In November, 1962, Walrod was awarded a judgment of $50,000.00 as compensation for the “total and permanent disability” which he allegedly suffered in the 1953 accident. This judgment was subsequently satisfied by the Company.

Walrod died on June 28, 1965. Pursuant to Section 1 of FELA ( 45 U.S.C. § 51 ), Walrod’s three minor children, by and through their guardian, brought a wrongful death action against the Company on June 14, 1968. The thrust of this action is that Walrod’s death was directly attributable to multiple sclerosis, a malady incurred in the 1953 accident. A motion for a partial summary judgment filed on behalf of Walrod’s children was denied, and the district court granted the Company’s motions for summary judgment and judgment on the pleadings.

Appellants have set forth three…