Edward G. Sheehy v. Southern Pacific Transportation Co.

INTRODUCTION

This action was filed under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq., and under the Federal Safety Appliance Act (FSAA), 45 U.S.C. §§ 1-21 . The district court withdrew the FSAA action from jury consideration. The jury found against the plaintiff on the FELA action.

Two questions are presented on appeal: (1) whether the trial court committed reversible error in allowing the defendant to refer to the amount of collateral disability benefits that the plaintiff was receiving and (2) whether the trial court erred in taking the FSAA action away from the jury.

FACTS

Sheehy was employed as a brakeman for Southern Pacific (Southern) and was injured when he attempted to mount a ladder on the side of a moving boxcar and fell. He lost a portion of his right foot and suffered other disabilities.

Sheehy alleged in the FELA action that Southern was negligent by failing to provide a safe place to work and a safe path to conduct switching operations. He alleged in the FSAA action that Southern committed a violation by maintaining a bent and therefore defective sill step.

Prior to trial, Sheehy’s attorney moved for an order excluding any references to…