Cupp v. National RR Passenger Corp.

KATHIANNE KNAUP CRANE, Judge.

Plaintiff, a railroad employee, was injured when he attempted to stop a locomotive wheel set that suddenly exited a newly installed wheel wash and rolled towards a fellow employee. He brought a FELA action against the railroad and a negligence action against the seller of the wheel wash, whose employees had been working on the wheel wash at the time of plaintiffs accident. The railroad filed a contribution action against the seller. The trial court granted the seller’s motion for directed verdict with respect to both the negligence and the contribution actions,…