Mo. Top Court Cuts Rail Worker’s Award to $9 Million after Double Leg Amputation

Case File

A railroad worker fell on to the tracks while trying to board a moving train when he bumped in a sign that was too close under state law, but the trial court erred on its understanding of contributory negligence and a federal safety statute. Simply Research subscribers have access to the full text of the decision.

Case

Cole v. Kansas City Southern Railway Company, No. SC100 (Mo. 06/10/25)

What Happened

While working for a railroad, a worker bumped into a pole for a sign while trying to board a moving train, fell onto the tracks, and was run over by a railcar. The resulting injuries necessitated multiple amputation surgeries on both legs.

The worker sued the railroad, alleging that it was negligent per se based on the railroad's alleged violation of an Illinois close clearance regulation that provides that no part of any sign attached to a pole or post be closer than eight feet from the centerline of an adjacent track.

The worker also alleged general negligence based on his allegation that the railroad failed to provide reasonably safe working conditions.

At trial, the jury returned a verdict for the worker on his claim for damages under both negligence theories, finding the railroad 79% at fault and the worker 21% at fault. The jury awarded $12 million in damages to the worker. Later, the court awarded the worker post-judgment interest on his damages award.

After an opinion by the court of appeals, the railroad sought and was granted transfer to the Missouri Supreme Court.

Rule of Law

Under the Federal Employers' Liability Act, railroads have a duty to provide their employees with a reasonable safe place to work, and a railroad is liable for damages when its employee is injured due in whole or in part to the railroad's negligence.

FELA contains a provision governing contributory negligence, which specifies that "the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee."

But the law also specifies that if a railroad violates any law enacted for the safety of employees and that violation causes or contributes to an employee's injury, then any contributory negligence by the employee cannot be considered in apportioning damages.

What the Missouri Supreme Court Said

According to the Missouri Supreme Court, the trial court erred in determining that Illinois' close clearance regulation was a "statute" under FELA; instead, it was "merely a state railroad safety law," and the worker's damages should have been diminished by the jury in proportion to the amount of negligence attributable to the worker.

"The circuit court prejudiced [the railroad] by awarding damages to [the worker] without reducing the award in accordance with the fault the jury attributed to [the worker]," the Missouri Supreme Court wrote.

Verdict: The court affirmed the judgment in the workers' favor but vacated the trial court's damages award of $12 million and post-judgment interest. It remanded the case to the trial court for the "limited purpose" of modifying its judgment to reduce the worker's award to $9.48 million in accordance with the jury's assessment of fault.

Takeaway

Illinois' close regulation does not preclude considering a worker's contributory negligence in assigning fault under FELA.

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