Legal Opinion
Lund v. San Joaquin Valley Railroad
California Supreme Court
Decided September 24, 2003No. S099479PublishedCited by 48 opinions
1Opinion of the Court
Opinion
KENNARD, J.
Under the Federal Employers Liability Act (FELA), a railroad employee injured by the employer’s negligence may sue the employer for negligence. The action may be filed in either a state or a federal court. (45 U.S.C. § 56.) This case raises two questions pertaining to actions brought in California courts.
First, should the trial court tell the jury that the injured employee is not entitled to benefits under California’s workers’ compensation law? The answer is no, unless a case presents unusual circumstances where the probative value of this information outweighs its…
2Cases cited33 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Atchison, Topeka & Santa Fe Railway v. BuellSupreme Court of the United States · 1987
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
28 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Quiles v. Parent, California Court of Appeal, 5th District2018
- Fair v. BNSF Railway Co.California Court of Appeal · 2015
- Bell v. H.F. Cox, Inc.California Court of Appeal · 2012
- Collins v. Union Pacific RailroadCalifornia Court of Appeal · 2012
- Lee v. West Kern Water DistrictCalifornia Court of Appeal · 2016
43 more not listed; retrieve them via the Exa API.