Ruark v. Union Pacific Railroad Co.

Federal 7th Circuit Court
Civil Court
Res Ipsa Loquitur
Citation
Case Number: 
No. 17-2429
Decision Date: 
February 20, 2019
Federal District: 
S.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-employer’s motion for judgment as matter of law in plaintiff-employee’s trial on claim under Federal Employer’s Liability Act, alleging that he incurred personal injuries when hot fluid sprayed over him from hydraulic rail drill after he heard “boom” coming from said drill that plaintiff was operating while performing his work duties. Plaintiff sought relief under res ipsa loquitur doctrine, and plaintiff failed to establish requisite element of said doctrine, i.e. that his injury was caused by some instrumentality in exclusive control of defendant, where: (1) record showed that said drill was operating appropriately during first part of plaintiff’s shift; and (2) plaintiff conceded that he was partially in control of drill at time of drill’s malfunction. As such, there was question in case as to whether plaintiff may have contributed to instant accident. Fact that there was no evidence that plaintiff operated drill in negligent manner did not require different result.