Smith v. Medical & Surgical Clinic Ass'n

BENAVIDES, Circuit Judge:

Appellant Michael Smith collapsed and suffered a head injury after receiving a flu shot administered under the auspices of his employer, Burlington Northern Railroad Co. Smith brought this statutory negligence action against Burlington Northern under the Federal Employers’ Liability Act (“FELA” or “the Act”), 45 U.S.C. §§ 51-60. The district court granted summary judgment for the railroad, finding that Smith had failed to produce evidence that his injury occurred within the scope of his employment, as FELA requires. We hold that a genuine issue of material fact exists…