Cluck v. Union Pacific Railroad

MARY R. RUSSELL, Judge.

The issues presented in this case arise from a vicarious liability claim under the Federal Employer’s Liability Act (FELA), 45 U.S.C. section 51, against a railroad for the injury of an employee caused by a co-employee. A railroad employee was injured when his co-employee’s personal pistol accidentally discharged. The pistol was packed in the co-employee’s luggage and discharged while the employee unloaded the luggage from a railroad crew van. It is undisputed that the incident occurred while the men were within their hours of employment, but each of the employee’s…