Zoeller v. Burlington Northern, Inc.

Plaintiff Zoeller, a brakeman for Burlington Northern Railroad, was injured in the early morning of September 9, 1979. He was working at moving railroad cars on property belonging to Bird & Son (Bird) in Portland when he stepped on a metal plate covering an “access point” to underground steam and fuel lines close to the railroad tracks. The plate gave way, and he fell into the access point hole. He brought an action for damages for personal injuries against Burlington and Bird. Burlington filed a third-party complaint for indemnity against Shell Oil Company, and Bird filed a third-party…