Norfolk Southern Railway Co. v. Sorrell
Sorrell sued the Norfolk Southern Railway Co. under the Federal Employers Liability Act (FELA), found in 45 U.S.C. ยงยง 51-60. Sorrell sought compensation for injuries suffered when he drove a Norfolk Southern truck into a ditch and tipped over while attempting to avoid another Norfolk Southern truck on a narrow road. Norfolk Southern argued that the FELA required the same standard of negligence for both parties in its comparative system, so Sorrell’s judgment should be reduced by the amount of damages caused by Sorrell’s own negligence. The county court, however, followed the Missouri Approved Instructions, which hold the defendant liable for any negligence that contributed to the result in whole or in part, but only reduce the damages amount by the plaintiff’s negligence that directly caused the damage. The county court found for Sorrell and awarded him $1.5 million in damages. On appeal, the Missouri Court of Appeals, Eastern District, Division Two, upheld the verdict, and the Missouri Supreme Court declined to hear the case.
Question Presented:
Whether the court below erred in determining-in conflict with this Court and multiple courts of appeals-that the causation standard for employee contributory negligence under the Federal Employers Liability Act ("FELA ") differs from the causation standard for railroad negligence.
Supreme Court Opinion
