Fields v. BNSF Railway Company

Filing 288

ORDER by Magistrate Judge Kimberly E. West granting 172 Defendant's Tenth Motion in Limine. (adw, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DARRYL FIELDS,

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Plaintiff,
v.
BNSF RAILWAY COMPANY,
a corporation,
Defendant.

Case No. CIV-16-213-KEW

O R D E R
This matter comes before the Court on Defendant’s Tenth Motion
in Limine (Docket Entry #172).

Defendant BNSF Railway Company

(“BNSF”) seeks to preclude Plaintiff from suggesting to the jury
that proof that BNSF committed “slight negligence” will satisfy
the required showing to prove negligence under FELA.

Plaintiff

counters that it will follow the prevailing precedent.
The

legal

question

presented

is

employees a heightened duty under FELA.

whether

BNSF

owes

its

The Supreme Court in CSX

Transp., Inc. v. McBride, 564 U.S. 685, 703 (2011) set out the
railroad’s duty in finding
The jury, therefore, must be asked, initially: Did
the carrier “fai[l] to observe that degree of care which
people of ordinary prudence and sagacity would use under
the same or similar circumstances[?]” . . . . In that
regard, the jury may be told that “[the railroad's]
duties are measured by what is reasonably foreseeable
under like circumstances.”
The

legal

standard

under

FELA

by

which

BNSF’s

duty,

foreseeability and causation will be established in the jury
instructions at trial.
Plaintiff

from

To the extent BNSF seeks to preclude

minimizing

the

required

showing

to

prove

negligence, such a representation of “slight negligence” being
sufficient would misrepresent the legal standard and would not be
permitted at trial.
IT IS THEREFORE ORDERED that Defendant’s Tenth Motion in
Limine (Docket Entry #172) is hereby GRANTED to the extent that
Plaintiff shall not deviate from the legal requirements of CSX
Transp., Inc. v. McBride, 564 U.S. 685 (2011) in representing his
required showing under FELA.
IT IS SO ORDERED this 27th day of September, 2021.

______________________________
KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE

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