Injured Employee Fails on Her FELA Claims Against Two Railroad Companies, Court Says

A railroad switching company and its corporate parent are not liable for a freight operator’s on-the-job injuries under the Federal Employers Liability Act because the switching company was not a common carrier and the holding company was not her employer under the statute, the U.S. Court of Appeals for the Tenth Circuit held Oct. 23 (Smith v. Rail Link Inc., 10th Cir., 11-8011, 10/23/12).

The appeals court affirmed summary judgment to the switching company, Rail Link Inc., and the holding company, Genesee & Wyoming Inc. (GWI), on Bridget Smith’s FELA claims.

For an employer to be liable ...