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Hahn v. Union Pacific Railroad Co.9/24/2004
UNPUBLISHED
The plaintiff, Bradley A. Hahn, filed a complaint against the defendant, Union Pacific Railroad Company (Union Pacific), pursuant to the Federal Employers' Liability Act (45 U.S.C. ยง51 et seq. (2000)), for injuries he allegedly sustained to his back while employed by Union Pacific. The trial court granted Union Pacific's pretrial motion for a summary judgment, and Hahn appeals. For the reasons that follow, we reverse and remand for further proceedings.
I. BACKGROUND
In 1994, Hahn sustained a serious, work-related injury to his back from a 15-foot fall onto frozen ground. Dr. Michael Chabot performed spinal surgery at L4-L5 in April 1994. Hahn settled this claim with Union Pacific. Approximately one year after the surgery, he executed an agreement releasing Union Pacific from all liability related to the 1994 injury. A copy of the release agreement was not made a part of the record.
Hahn filed the instant action against Union Pacific in October 2001. His complaint contains three counts. Count I alleges that on October 29, 1998, and thereafter, he injured his back as a result of continuous and repetitive jostling and shaking while operating a backhoe lacking adequate cushioning. Count II alleges that in December 1998 and January 1999, he injured his back as a result of continuous and repetitive jostling and shaking while operating a snowblower without adequate cushioning. Count III alleges that on February 16, 1999, he injured his back as a result of opening railcar doors that were stuck and in disrepair, in order to unload gravel. All three counts allege that Union Pacific failed to provide Hahn with (1) a reasonably safe place in which to work, (2) reasonably necessary and safe equipment, (3) adequate help and assistance, and (4) sufficient and appropriate instruction. Count III also alleges that Union Pacific failed to maintain the doors of the rock cars. The following evidence was adduced by the parties during discovery.
Hahn's Testimony
The record contains excerpts of Hahn's video and discovery deposition taken on March 26, 2002, as exhibits to the parties' summary judgment filings. Hahn testified that he had been employed by Union Pacific since 1988. He worked as a crane operator from 1995 to 1998, and during that period of time he had not experienced any pain in his lower back or leg. In October 1998, he was assigned to do work on a backhoe for about two weeks, which involved a lot of jarring and heavy bouncing. The back pain first manifested itself as stiffness and soreness in his lower back shortly after he finished working on the backhoe. He did not complete an accident report initially because he hoped it was a muscle strain and that it would go away with time. He testified that the pain worsened to the point that he began to worry about it in November 1998.
Hahn informed his supervisor in the middle of November 1998 that his back became sore after the backhoe project and that it was worsening. He also told his supervisor that there was not one specific incident that caused his back to go out.
Hahn testified that the pain became worse with each job he performed for Union Pacific. The work he performed on a snowblower required him to do some crawling and to ride through rough yard tracks. He testified that the work he performed on a snowblower for Union Pacific contributed to the pain.
Toward the end of January 1999, Hahn was assigned to a position in Scott City, Missouri, unloading ballast cars. Half of the trains had an old-style manual door and half had solar doors. Most of the solar doors did not work, and he had to remove the locking mechanisms and perform the work by h
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