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Home / Opinions / Courts / Court of Appeals, Eastern District / Negligence: FELA – Locomotive Inspection Act – Causation

Negligence: FELA – Locomotive Inspection Act – Causation

(1)Where a railroad employee, presented evidence that a locomotive’s seats were not securely  mounted and braced and the defect caused increased vibration and movement inside the cab, but the employee did not establish a causative link showing that this statutory violation caused his degenerative disc disease, the trial court did not err in granting the defendant’s motion for a directed verdict in a claim under the Locomotive Inspection Act.

(2)Where a plaintiff in a FELA case challenged the admission of testimony that railroad employees like himself were eligible for retirement at age 60 with 30 years of service because the evidence violated the collateral source rule and was highly prejudicial, the plaintiff failed to preserve this error for review.

Judgment is affirmed.

Payton v. Union Pacific Railroad Company (MLW No. 64642/Case No. ED97480 – 9 pages) (Missouri Court of Appeals, Eastern District, Crane, J.) Appealed from circuit court, St. Louis County, Ross, J. (Drew C. Baebler for appellant) (Stephen M. Buckley and Ann E. Buckley for respondent).


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