Pope

MEMORANDUM *

The District Court granted summary judgment to the plaintiff for his claim that Union- Pacific Railroad Company 1 was liable for an injury he sustained while working as a switch operator. The District Court granted summary judgment against Union Pacific on the issue of liability. After a trial, the jury awarded damages to the plaintiff. We affirm.

Union Pacific first contends that summary judgment on liability was inappropriate because its witnesses could have presented genuine issues of material fact if their testimony had been admitted. The District Court granted summary judgment on liability because the railroad violated two safety regulations: (1) inadequate fastening in violation of 49 C.F.R. § 213.138 (a); and (2) excessive lost motion in violation of 49 C.F.R. § 213.135 (e). A finding that the railroad had violated either one is sufficient. Union Pacific contends that there are genuine issues of material fact as to the lost motion claim, but does not challenge the inadequate fastening determination. Because the inadequate fastening violation remains unchallenged, we will not reverse the summary judgment.

In addition, with regard to the inadequate fastening…