LeDure v. Union Pacific Railroad Co.

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in plaintiff-railroad employee’s action under Locomotive Inspection Act (LIA) and Federal Employers’ Liability Act, where plaintiff alleged defendant's negligence when he slipped and fell on small area of slick substance while preparing locomotive for departure. Record showed that locomotive where plaintiff's fall occurred was not in “use” for purpose of LIA because it was stationary, on sidetrack and was part of train needing to be assembled before its use in interstate commerce. Moreover, plaintiff failed to provide sufficient evidence to prove that his injuries were foreseeable to defendant and did not allege that defendant had notice of either slick spot or any hazardous condition that could have leaked oil prior to his fall.