Norfolk Southern Railway Company Missouri Cases

Gary Miller, a former locomotive engineer, sued Norfolk Southern Railway Company under the Federal Employers' Liability Act (FELA) for back injuries, alleging both general negligence and negligence per se for violations of the Locomotive Inspection Act (LIA) due to defective locomotive seats. A jury found in favor of Norfolk Southern on both theories. On appeal, Miller alleged instructional error. The appellate court reversed the judgment on the negligence per se claim and remanded for a new trial on that theory, finding the trial court erred by giving an instruction based on the LIA's general statutory duty instead of Miller's specific regulatory violation theory. The court affirmed the judgment in all other respects, including the general negligence claim and the contributory negligence instruction.