Collins

James Russell Collins, plaintiff, was an employee of Hulcher Services, Inc. (Hulcher), a contractor hired by railroads to clear tracks and rerail train cars following derailments. Following a collision involving two Union Pacific Railroad Company (Union Pacific or defendant) trains, Hulcher responded to the derailment site. Plaintiff, a member of the Hulcher crew, was injured when a block from a Hulcher crane fell on his head. Plaintiff filed a workers’ compensation claim against Hulcher, and later filed a complaint for damages against Union Pacific, under the federal Employers’ Liability Act ( 45 U.S.C. § 51 et seq.) (FELA), on the theory that plaintiff was a “special employee.” Plaintiff was awarded $3,945,493.93 in damages against Union Pacific, which was reduced to $2,695,493.93 by way of remittitur. Both Union Pacific and plaintiff appeal.

On appeal, Union Pacific argues (1) plaintiff was barred from recovering both workers’ compensation benefits and FELA damages; (2) there is insufficient evidence to support the finding that plaintiff was a “special employee” of Union Pacific; and (3) the trial court erred in reducing the workers’ compensation lien to pay…