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Negligence : FELA – Employee
Stephanie Maniscalco//May 26, 2017//
Listen to this articleWhere a plaintiff who was injured while working on railroad tracks sued the railroad, summary judgment for the railroad defendant is affirmed because the plaintiff was not a formal employee of the railroad and did not show that he was a borrowed or dual servant because his formal employer was the sole entity with the right to control his work, and the plaintiff also did not show that the defendant owed a duty to warn of the well-known dangers of rip rap, so the negligence claim failed as a matter of law.
Judgment is affirmed.
Royal v. Missouri & Northern Arkansas Railroad Company, Inc. (MLW No. 70561/Case No. 16-3687 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Western District of Arkansas, Hickey, J. (Chester Harris Lauck, Little Rock, Arkansas, argued for appellant) (Joseph P. McKay, Little Rock, Arkansas, and Martin Aaron Kasten, Little Rock, Arkansas, argued for appellee).
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