Ward v. Soo Line Railroad Co.

In action by plaintiff-railroad employee seeking damages arising out of incident in which his locomotive seat collapsed on train he was operating in Ontario, Canada, plaintiff stated viable cause of action, even though he could not assert viable claim under Federal Employer’s Liability Act, since accident occurred in Canada, and even though Locomotive Boiler Inspection Act (LIA) preempted plaintiff’s claims under Indiana common law. As such, where FELA does not apply and Congress provided no independent right to sue for LIA violations in federal court, plaintiff could assert in state court instant alleged violation of LIA under LIA’s federal standard of care. However, plaintiff on appeal of Dist. Ct.’s dismissal of instant complaint waived only viable theory in which he could pursue instant claim, where: (1) plaintiff alleged to Ct. of Appeals that basis of his claim was defendants’ failure to warn plaintiff of defective seat; (2) plaintiff’s common-law theory of case was preempted by Kurns, 565 U.S. 625; and (3) plaintiff failed to assert before Ct. of Appeals that he would pursue his claim in state-court by borrowing LIA standard of care.