Ronald Porterfield v. Burlington Northern Inc., a Delaware Corporation

Porterfield slipped on an icy stair on the premises of Burlington Northern Inc. (railroad) on his way to work one Sunday night and sustained lower back injuries. He missed a substantial amount of work and underwent fairly extensive medical treatment, including surgery.

He brought this Federal Employers’ Liability Act action to recover damages. At the end of the evidence, he moved for a directed verdict on the issue of the railroad’s liability. This motion was denied and the jury returned a verdict for Porter-field in the amount of $1,706.15, exactly 10% of the stipulated lost wages. Porter-field then moved for a new trial which was denied. We affirm.

The weather had been inclement in Spokane for several days before the accident with snow and ice on the ground. On the day of the accident, there was a janitor on duty for the railroad from 6 a. m. to 2 p. m. There was no other janitor on duty until the next morning. He shoveled the ice and snow from the steps involved at the start of his shift and before leaving, he spread a “thick” application of rock salt on the stairs, which he said did a “good job.” He thought that the amount of salt was sufficient to last until the…