Ronald M. Steveson v. Csx Transp., Inc., 91 F.3d 144 (6th Cir. 1996). · Go Syfert
Ronald M. Steveson v. Csx Transp., Inc., 91 F.3d 144 (6th Cir. 1996). Cases Citing This Book View Copy Cite
“where a multiple-object conspiracy charge uses the conjunctive in listing the substantive offenses that were the objects of the conspiracy, it is normally held that a general verdict of 'guilty' relates to all of the substantive offenses listed.”
62 citation events (24 in the last 25 years) across 11 distinct courts.
Strongest positive: Smith v. Norfolk S. Ry. Co.
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
examined Cited as authority (quoted) Smith v. Norfolk S. Ry. Co.
unknown court · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence low
ecause of the relaxed standards applied in fela and jones act suits, a medical expert need not be able to articulate to a 'reasonable degree of medical certainty' that the defendant's negligence caused the plaintiff's injury.
examined Cited as authority (quoted) Morris Sr. v. Turner <i>et al.</i>
S.D. Ohio · 2023 · quote attribution · 1 verbatim quote · confidence low
as the supreme court has stated, the doctrines of judicial and quasi -judicial immunity are to be applied via a functional approach, looking to the nature of the function performed, not the identity of the actor who performed it.
examined Cited as authority (quoted) United States v. Randall R. Neuhausser (99-3763) and Sheila Neuhausser (99-4144)
6th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
where a multiple-object conspiracy charge uses the conjunctive in listing the substantive offenses that were the objects of the conspiracy, it is normally held that a general verdict of 'guilty' relates to all of the substantive offenses listed.
discussed Cited as authority (rule) Amy Solek, Personal Representative of the Estate of Emily Victoria Solek v. K&B Transportation, Inc., an Iowa Corporation
E.D. Mich. · 2022 · confidence medium
Mich. 1994), aff’d, 91 F.3d 144 at *3 (6th Cir. 1996) (Table Case) (holding that district court had jurisdiction to approve or reject a wrongful death settlement agreement and to distribute proceeds under Mich. Comp.
discussed Cited as authority (rule) MULLINS v. O'MALLEY
S.D. Ind. · 2022 · confidence medium
Sec., 91 F.3d 144, *4, n. 2 (6th Cir. 1996) (unpublished decision) ("Where the Appeals Council relies on or adopts the findings of an ALJ, 'the substantial evidence standard of review applies to the findings regardless of whether they were made by the Appeals Council, the ALJ, or were made by the Appeals Council in reliance on the ALJ's findings.' Accordingly, this Court reviews the conclusions of the ALJ to the extent that the Appeals Council affirmed them.").
cited Cited as authority (rule) Freier-Heckler v. Wilkie
N.D. Ohio · 2022 · confidence medium
See generally, Franks v. Nimmo, 796 F.2d 1230, 1237 (10" Cir. 1986); Smith v. Consolidated Rail Corp., 91 F.3d 144, *4 (6" Cir. 1996).
cited Cited "see" Paul A. Ironside, M.D. v. Simi Valley Hospital
6th Cir. · 1999 · signal: see · confidence high
See Stilts v. Globe Int’l Inc., 950 F.Supp. 220, 223 (M.D.Tenn.1995), aff'd, 91 F.3d 144 , 1996 WL 370142 (6th Cir.1996) (substantially true statements are not actionable).
cited Cited "see" Borda v. Hardy, Lewis, Pollard & Page, P.C.
6th Cir. · 1998 · signal: see · confidence high
See Lewis v. Plumbers & Pipefitters Nat’l Pension Fund, 91 F.3d 144 (Table), 1996 WL 384540 at *2 (6th Cir.1996).
discussed Cited "see" 21 Employee Benefits Cas. 2842, Pens. Plan Guide (Cch) P 23940s Walter J. Borda v. Hardy, Lewis, Pollard & Page, P.C. Hardy, Lewis, Pollard & Page, P.C. Profit Sharing Plan and David M. Davis and Patrick M. Higdon, the Plan's Named Fiduciaries
6th Cir. · 1998 · signal: see · confidence high
See Lewis v. Plumbers & Pipefitters Nat'l Pension Fund, 91 F.3d 144 (Table), 1996 WL 384540 at * 2 (6th Cir.1996). 26 This debate is somewhat academic, it seems to us, given the proviso by which the plan at issue here limits the discretion of the fiduciaries.
discussed Cited "see, e.g." United States v. Donald Lilly
6th Cir. · 2011 · signal: see, e.g. · confidence low
See, e.g., United States v. Brown, 91 F.3d 144 , - (6th Cir.1996) (unpublished table decision) (noting that an officer’s inventory search complied with standard procedure when the officer impounded a vehicle that “was stopped in a traffic lane and thus not legally parked”).
discussed Cited "see, e.g." Aerel, S.R.L. v. PCC Airfoils, L.L.C.
N.D. Ohio · 2005 · signal: see, e.g. · confidence low
See, e.g., Smith v. Consolidated Rail Corp., 91 F.3d 144 , 1996 WL 366283 at *4 (6th Cir.1996) (affirming district court’s decision to strike plaintiffs affidavit where plaintiff offered basis for his claim for the first time in his affidavit, stating that “if Smith had hypotheses about the cause of his fall, he was required to say so at his deposition when he was specifically questioned on the subject”); Rosinski 935 F.2d 270 , 1991 WL 105747 at *6 (affirming district court’s decision to strike plaintiffs affidavit where, although not directly contradictory to prior deposition testimo…
Retrieving the full opinion text from the archive…
Ronald M. Steveson
v.
Csx Transportation, Inc.
95-3361.
Court of Appeals for the Sixth Circuit.
Jul 15, 1996.
91 F.3d 144

91 F.3d 144

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Ronald M. STEVESON, Plaintiff-Appellant,
v.
CSX TRANSPORTATION, INC., Defendant-Appellee.

No. 95-3361.

United States Court of Appeals, Sixth Circuit.

July 15, 1996.

Before: KENNEDY and COLE, Circuit Judges, COHN, District Judge.[*]

PER CURIAM.

1

Appellant Ronald M. Steveson appeals the district court's order granting summary judgment to appellee in his suit under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. For the following reasons, we REVERSE.

I.

2

CSX Transportation ("CSX"), a railroad common carrier, hired Ronald M. Steveson as a brakeman/conductor in 1976. As a brakeman/conductor, Steveson regularly walked on stone ballast in and around train rails. In 1991, Steveson began to experience problems with his right knee. The persistence of pain in his knee led Steveson to consult his family physician, Dr. Roger Wohlwend, who prescribed a knee brace and medication based upon a diagnosis of internal derangement. Out of concern that the cause of the internal derangement was a torn medial meniscus, Dr. Wohlwend referred Steveson to an orthopedic physician, Dr. Frank Jaeblon, in January 1993. Dr. Jaeblon reported that while he did not see a tear of the medial meniscus, Stevenson's knee showed early degenerative changes.

3

In February 1993 Steveson twisted his knee when he stepped on the ball of a switch handle on the train track. Dr. Jaeblon diagnosed Steveson's condition as a torn medial meniscus, which he described as a tear of the cartilage in the right knee. Dr. Jaeblon surgically repaired Steveson's torn medial meniscus in March 1993. In December 1993 Steveson filed suit against CSX in federal court, alleging that CSX's failure to "tamp" loose ballast and cover oversized ballast with smaller-grade ballast suitable for walking caused the injury to his knee. Specifically, Steveson claimed that he sustained a knee injury due to CSX's use, starting in or around 1991, of oversized ballast and its maintenance of uneven terrain on which he had to walk in order to perform his duties. CSX asserts that plaintiff has presented insufficient evidence that the injury was caused by its presumed negligence. CSX suggests instead that Steveson's injury was caused when he stepped on the switching device.

4

The district court granted CSX's motion for summary judgment on the ground that Steveson failed to show, by a preponderance of the evidence, that the condition of the ballast caused his injury. The parties agree that the sole issue before the court is whether there is sufficient evidence connecting Steveson's years of walking on ballast to his injury.

II.

5

This court reviews an order granting summary judgment de novo. Russo v. City of Cincinnati, 953 F.2d 1036, 1041 (6th Cir.1992). Summary judgment is proper when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Kraus v. Sobel Corrugated Containers, Inc., 915 F.2d 227, 229 (6th Cir.1990). Only disputes over facts that might affect the outcome of the suit under governing law will properly preclude the entry of summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The movant must meet the initial burden of showing the absence of a genuine issue of material fact as to an essential element of the non-movant's case. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479 (6th Cir.1989).

6

Once the movant has met this initial burden, the non-movant cannot rest on its pleadings; but rather it must go beyond the pleadings and by affidavits, depositions, answers to interrogatories, admissions and the like, designate specific facts showing that there is a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986). With this in mind, this court must examine whether Steveson has established the existence of genuine issues of material fact.

III.

7

The pertinent Federal Employers' Liability Act section provides:

8

Every common carrier by railroad while engaging in commerce between any of the several states or Territories, ... shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, ... for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

9

45 U.S.C. § 51. In order to sustain a claim under FELA a plaintiff must show: 1) that he was injured while in the scope of his employment; 2) which employment is in the furtherance of the railroad's interstate transportation business; 3) his employer was negligent; and 4) his employer's negligence played some part in causing the injury for which plaintiff seeks compensation. Green v. River Terminal Ry Co., 763 F.2d at 805, 808 (6th Cir.1985). The fourth requirement--causation--is the only requirement at issue on appeal.

10

The Federal Employers' Liability Act was enacted with a humanitarian purpose and is to be liberally construed by the courts in favor of injured railroad workers. Green, 763 F.2d at 806; see Urie v. Thompson, 337 U.S. 163, 180 (1949). "Congress vested the power of decision in these actions exclusively in the jury in all but the infrequent cases where fair-minded jurors cannot honestly differ whether fault of the employer played any part in the employee's injury." Rogers v. Missouri Pac. R. R. Co., 352 U.S. 500, 510 (1957). Thus, the Supreme Court held that a relaxed standard of causation applies under FELA. Id. at 506.

11

In describing this relaxed standard of causation, the Supreme Court has stated that "[u]nder this statute the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury ... for which damages are sought." Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, 114 S.Ct. 2396, 2404 (1994) (quoting Rogers, 352 U.S. at 506.)

12

Because the standard of proof in FELA cases is much lower than that in a traditional negligence case, summary judgment is inappropriate if the employer's negligence played any part, however slight, in the employee's injuries. Rogers, 352 U.S. at 505-07. This court grappled with a similar case in Mayhew v. Bell Steamship Co., 917 F.2d 961 (6th Cir.1990). In Mayhew an injured seaman brought a suit under the Jones Act (the maritime equivalent to FELA) against the owner of a vessel. The court was required to follow the judicially developed doctrine of liability granted to railroad workers by FELA in determining the outcome of the Jones Act suit. Mayhew, 917 F.2d at 962. In Mayhew this court held:

13

Although a Jones Act [or FELA] plaintiff need not present medical evidence that the defendant's negligence was the proximate cause of the injury, we believe that a medical expert must be able to articulate that there is more than a mere possibility that a causal relationship exists between the defendant's negligence and the injury for which the plaintiff seeks damages.

14

Id. at 963. Hence, while an employer's negligence need only play the slightest role in causing the employee's injury, evidence of that causation must be illustrated by more than speculation or mere possibility.

15

However, because of the relaxed standards applied in FELA and Jones Act suits, a medical expert need not be able to articulate to a "reasonable degree of medical certainty" that the defendant's negligence caused the plaintiff's injury. Id. at 964; see also Sentilles v. Inter-Caribbean Corp., 361 U.S. 107, 109-10 (1959) (discussing, in the context of the Jones Act, a jury's power to infer causation from circumstances surrounding a plaintiff's injury and working conditions despite "the failure of any medical witnesses to testify [to what] was in fact the cause.")

IV.

16

The crux of the instant dispute relates to the testimony of Steveson's treating physicians. CSX maintained successfully before the trial court that the two physicians, Drs. Wohlwend and Jaeblon, failed to opine, to a reasonable degree of medical certainty, that Steveson's injuries were caused by walking on loose and uneven ballast. CSX acknowledges, however, that an expert's opinion relating a plaintiff's injury to a defendant's negligence need not be couched in terms of a "reasonable degree of medical certainty." The expert need only opine that it is "likely" or "more than possible" that the defendant's negligence had a causal relationship with the injury. See Mayhew, 917 F.2d at 964. Here, contrary to the finding of the trial court, both doctors provided testimony establishing the probability of causation. Notably, Dr. Jaeblon testified in his deposition that it was "very probable" that stepping on ballast and the twisting of Steveson's knee over a period of time--17 years--could have caused the injury to the cartilage in his knee. This testimony is not eviscerated by the fact that Steveson may have exacerbated problems with his knee by stepping on a switch ball in 1993. Under FELA's relaxed causation standard, the doctors' testimony as a whole was sufficient to establish more than a possibility that the subject injury was caused by the conditions of the workplace.

17

Our decision does not mean that Steveson will prevail at trial. It simply means that, under the undisputed facts before the district court, the law provides for a trial by jury in this case. The district court was in error in determining that summary judgment was appropriate.

18

For the foregoing reasons, we reverse the district court's order granting summary judgment and REMAND this case to the district court for proceedings consistent with this opinion.

*

The Honorable Avern Cohn, United States District Judge for the Eastern District of Michigan, sitting by designation