The United State Supreme Court agreed to hear a case brought by a railroad engineer against CSX Transportation to determine whether plaintiffs alleging negligence under the Federal Employers' Liability Act ("FELA") must prove proximate causation. The railroad engineer in this case suffered hand injuries while working on a train and subsequently sued CSX Transportation. At trial, jury instructions included the provision that a plaintiff may show causation by proving the railroad company "played a part - no matter how small - in bringing about the injury." The 7th Circuit declined to accept CSX Transportation's argument that proximate causation is required for liability under FELA as opposed to merely "but for" causation. Currently, there is a circuit split on the standard for causation under FELA, an Act which effectively replaces no-fault workers' compensation with a negligence based standard in the railroad industry.
To read the Dow Jones Newswires article titled, “US Supreme Court To Consider CSX Railroad Injury Case,” please click here.