Justice Eileen Rakower
Administratrix brought this Federal Employees Liability Act (FELA) suit to recover compensatory damages for the alleged wrongful death of decedent Harris. Metro North Commuter Railroad sought summary judgment. Harris was injured when he fell from the top of a pile of timbers located on a flat car, and later died. Administratrix argued Harris was injured because of defendant's negligence, claiming his death resulted from his injuries. The complaint alleged Metro North was negligent in failing to provide Harris with a reasonably safe place to work as required by FELA, and failing to provide safety equipment. The court noted the test if a case under FELA was to be submitted to jury was if the proof submitted justified a conclusion the employer's negligence played any part in producing the death or injury for which damages were sought. Evidence was submitted defendant created a dangerous condition, and had notice the timbers were coated with Creosote, which created a slippery condition. The court found triable issues of fact of whether Metro North was negligent in causing and creating a slippery surface on its railroad car, whether it provided proper footwear or railings, and whether it had actual or constructive notice of a dangerous condition. Thus, Metro North's motion was denied.
