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Whaley v. CSX Transportation2/2/2005
negligence contributed to Whaley's injury.
B. LIA claim
We find, however, that the trial court erred in denying the JNOV motion on the LIA claim. Under the LIA, railroad carriers must ensure that their locomotives and all parts and appurtenances "are in proper condition and safe to operate without unnecessary danger of personal injury ." 49 U.S.C. ยง 20701 (2000). In addition, LIA regulations require that locomotives "be provided with proper ventilation." 49 C.F.R. 229.119(d) (2003). But "a carrier cannot be held liable under the for failure to install equipment on a locomotive unless the omitted equipment (1) is required by applicable federal regulations; or (2) constitutes an integral or essential part of a completed locomotive." Mosco v. Baltimore & Ohio R.R., 817 F.2d 1088, 1091 (4th Cir. 1987).
In this case, Whaley argues that the locomotives he operated lacked proper ventilation. But he did not present any evidence that the locomotives and their parts were not in proper condition. Moreover, he did not present any evidence that CSX failed to install equipment that was required under federal regulations or that constituted an integral or essential part of the locomotive. Because Whaley did not present even a scintilla of evidence to establish a claim under the LIA, we hold that a fair, impartial, and reasonable juror could not have returned a verdict in Whaley's favor on the LIA claim.
Consequently, we hold that the trial court erred in denying CSX's motion for JNOV on the LIA claim but properly denied the motion on the FELA claim.
III. Preemption
CSX argues that the FELA and LIA claims are precluded and preempted under federal law. We agree that the LIA claim is preempted but hold that the FELA claim is not.
The United States Supreme Court has held that the LIA's predecessor, the Boiler Inspection Act, was intended to "occupy the field" of locomotive regulation. Napier v. Atl. Coast Line R. Co., 272 U.S. 605, 613 (1924). As a result, any state regulation of locomotives, e.g., to promote health and comfort or safety, is precluded and preempted by federal law. Id. at 612-13; see also General Motors Corp. v. Kilgore, 853 So.2d 171 (Ala. 2002) (holding that the LIA preempts state common law claims brought in wrongful death action).
In the present case, we hold that Whaley's claim under the LIA is preempted by federal law. Federal law does not require that CSX install fans or air conditioners in its locomotives. To uphold the jury's verdict would support a finding of liability despite CSX's compliance with all applicable statutes and regulations and would force CSX to alter its locomotives in a way that would conflict with the uniformity and consistency that the LIA is designed to provide. As a result, CSX would be forced to install cooling devices on all locomotives to protect itself against future lawsuits in South Carolina. Therefore, we hold that Whaley's claim under the LIA is preempted.
But Whaley's negligence claim--that his employer did not provide a safe place to work--is not preempted by federal law. A claim under FELA gives rise to an ordinary negligence action, which is governed by state law. Therefore, to the extent Whaley had a viable claim, he could have brought it under the FELA only.
IV. Expert Testimony
CSX argues that the trial court erred in allowing Whaley to present expert testimony that heat exposure caused Whaley's current inability to sweat. Moreover, CSX argues that the evidence did not meet the standard for admissibility, was unreliable, lacked proper foundation, and was based on facts not in evidence.
After reviewing the r
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