California Court of Appeal

In a negligence action filed under the Federal Employer's Liability Act (FELA) and the Federal Safety Appliance Act (SAA), grant of a directed verdict in favor of defendant-railroad is affirmed where: 1) FELA liability cannot be premised on a violation of the SAA, since, as a matter of law, the SAA and its regulations did not prohibit the use of vertical handholds on a railcar in combination with horizontal handholds; and 2) directed verdict for defendant was proper as substantial evidence in the record did not support a basis, independent of the SAA, for the negligence claim.

Appellate Information

• Decided 04/28/2008
• Published 04/28/2008

Judges

• JACKSON, J.*

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Girardi & Keese, John A. Girardi, Los Angeles, and V. Andre Sherman, for Plaintiff and Appellant.


• For Appellees:
  
• Michael Whitcomb, Monterey Park, and David M. Pickett, for Defendant and Respondent.