Lena Mullahon, Administratrix of the Estate of Glenn Chiquito, Deceased v. Union Pacific Railroad, a Utah Corporation

HUG, Circuit Judge:

Plaintiff-Appellant Lena Mullahon brought an action under the Federal Employers Liability Act (“FELA”), 45 U.S.C. § 51, alleging that Defendant-Appellee Union Pacific Railroad (the “Railroad”) is liable for the death of an employee, Glenn Chiquito, who was murdered by a fellow employee, Roberto Perez. Mullahon, administratrix of Chiquito’s estate, appeals the district court’s grant of summary judgment in favor of the Railroad. The district court found that Mullahon could not hold the Railroad liable for Chiquito’s death under a theory of respondeat superior because the…