Missouri Court of Appeals, Southern District / Jun 25, 2019
JAMES T. MITCHELL, Respondent vs. BNSF RAILWAY COMPANY, Appellant
Plaintiff Jamie Mitchell was injured twice while switching railcars for BNSF Railway Company, leading to a FELA petition asserting strict liability under the Safety Appliance Act (SAA) and general negligence claims. The jury found for Mitchell on all counts, and the trial court entered judgment based on the SAA claims. On appeal, BNSF argued the SAA did not apply because the railcars were not "in use" at the time of injury and that other trial errors warranted a new trial. The appellate court affirmed the judgment, holding that both railcars were "in use" under the SAA and that any alleged trial errors were non-prejudicial given the strict liability findings.