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Labor & Employment Law

: Ross' Employment Law Blog

US Supreme Court: Does FELA require proof of proximate causation?

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Today the US Supreme Court granted certiorari in CSX Transportation v. McBride. [Details; briefs]

The issue: Whether the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60, requires proof of proximate causation.

McBride sued under the Federal Employers? Liability Act (FELA) seeking compensation for an injury that he sustained while performing switching operations for his employer. The 7th Circuit upheld a jury verdict in McBride's favor.

The trial court instructed the jury that ?Defendant ?caused or contributed to? plaintiff?s injury if defendant?s negligence played a part - no matter how small - in bringing about the injury.?

In approving this instruction, the 7th Circuit held that common law proximate causation is not required to establish liability under FELA.

The US Supreme Court granted certiorari to review the 7th Circuit judgment.

Oral arguments will be scheduled for early 2011.

Full post as published by Ross' Employment Law Blog on November 29, 2010 (boomark / email).

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