Legal Opinion
Page v. National Railroad Passenger Corp.
Court of Special Appeals of Maryland
Decided September 2, 2011No. 01959, September Term, 2009PublishedCited by 4 opinions
1Opinion of the CourtKehoe, J.
In the taxonomy of the law, the Federal Employers’ Liability Act, 45 U.S.C. § 51, et seq., is a platypus. Intended to provide a remedy for injured railroad workers, the FELA “hovers ambivalently between workers’ compensation law and the common law of negligence. It is neither, but it partakes of characteristics of both.” CSX v. Miller, 159 Md.App. 123, 129, 858 A.2d 1025 (2004). This case calls us to consider the roles that two basic concepts of negligence law, res ipsa loquitur and proximate cause, play in FELA claims.
Donzel M. Page filed suit against his former employer, the National…
2Cases cited43 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
- Urie v. ThompsonSupreme Court of the United States · 1949
- Lavender v. KurnSupreme Court of the United States · 1946
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
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3Cited by4 opinions
- Gillespie v. Ruby Tuesday, Inc.District Court, D. Maryland · 2012
- Evergreen Associates, LLC v. CrawfordCourt of Special Appeals of Maryland · 2013
- Curran v. Long Island RailroadDistrict Court, S.D. New York · 2016
- Wright v. AudisioDistrict Court, D. Maryland · 2025