Clayton R. Lowden v. The Atchison Topeka and Santa Fe Railway

Plaintiff sued his railroad employer for damages under the Federal Employers Liability Act (FELA). He appeals a summary judgment in favor of the railroad. We conclude that triable issues of fact require a remand for further proceedings.

Plaintiff came to the workplace after an unexplained absence, smelling of alcohol. His superior suspended him for violating company rules. Plaintiff left the office, and after a time interval of uncertain duration, attempted to cross the Winslow, Arizona railroad yards to retrieve his personal effects from the railroad bunkhouse car spotted on a track on the far side of the yards.

The route he chose to cross the yards was blocked by a freight train. Plaintiff attempted to climb over the train. The train moved, he fell off, and was injured.

The only issue on the motion for summary judgment was whether the court or a jury should decide whether an employee who is retrieving his personal effects from company property after disciplinary suspension is injured “while he is employed by such carrier in such commerce.” See 45 U.S.C. § 51 .

The parties agree that plaintiff had been removed from service and that the relevant collective bargaining agreement…