Facts

On Aug. 10, 2009, plaintiff Charles R. Davidson III, a BNSF Railway Company laborer, was injured during a late-night shift at a train yard located in Barstow. Plaintiff was struck and pinned against a guardrail by a utility cart operated by his co-worker, Jose Avalos.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that BNSF was negligent pursuant to Federal Employers Liability Act, for failing to provide a reasonably safe place to work.

Plaintiff argued that, despite his deposition testimony, he had no personal knowledge of whether Avalos was engaged in horseplay at the time of the incident. Plaintiff argued that Avalos was merely attempting to park the utility cart and was acting within the course and scope of his employment at the time of the incident.

DEFENDANT'S CONTENTIONS:
In the initial incident report submitted by plaintiff to BNSF, plaintiff claimed that his knee injury occurred when Avalos accidentally drove the utility cart forward instead of reverse. Avalos corroborated this version of events in his own initial report of the incident. After the suit was filed, plaintiff testified at his deposition that Avalos was actually engaged in horseplay at the time of the incident and struck him with the utility cart while chasing another cart in the yard.

Under the FELA, railroad employers generally cannot be held liable for injuries, which are the result of intentional employee misconduct such as horseplay.

BNSF denied that it was negligent, and claimed that the incident was the result of horseplay on the part of plaintiff's co-worker. BNSF argued that plaintiff was dishonest in his initial incident report when he claimed that Avalos accidentally drove the utility cart forward. Plaintiff later revealed during his deposition that he made up the story to prevent his friend, Avalos, from being fired for violating BNSF's company rules against horseplay.

Result

Defense verdict.

Other Information

FILING DATE: Aug. 7, 2012.

Deliberation

four hours

Poll

12-0

Length

five days