United States Ninth Circuit

In an action raising a negligent injury claim under the Federal Employers Liability Act (FELA) based on injuries suffered by plaintiff-railroad worker, summary judgment for defendant is reversed where plaintiff presented adequate evidence for a rational jury to find that defendant could control critical aspects of plaintiff's daily work, including those aspects that may have caused his injury.

Appellate Information

• Argued 10/15/2009
• Decided 05/18/2010
• Published 05/18/2010

Judges

• Before JOHNNIE B. RAWLINSON and CONSUELO M. CALLAHAN, Circuit Judges, and LARRY A. BURNS,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John A. Kutzman, Paoli, Latino & Kutzman, P.C., Missoula, MT, for the plaintiff-appellant.


• For Appellees:
  
• Jacquelyn M. Hughes, Hedger Friend, P.L.L.C., Billings, MT, for the defendants-appellees.