On Sept. 26, 2010, plaintiff Kevin Phillips, 46, a locomotive engineer for the Union Pacific Railroad Co., was walking along the side of a locomotive when his company-issued safety vest caught on a compartment door hinge. Phillips claimed he twisted his back at the waist, his lower back and left knee. Phillips sued Union Pacific Railroad Co. Phillips contended that Union Pacific violated the Federal Employers’ Liability Act, 45 U.S.C. § 51, by negligently requiring him to wear a safety vest that had the potential to snag on equipment. He also contended that the locomotive hinge was dangerous, as designed, because it posed a snagging hazard. Thus, Phillips claimed that Union Pacific violated the Locomotive Inspection Act, 49 U.S.C. § 20701, and two federal regulations, 49 CFR §§ 229.7 and 229.45, as the hinge was designed with a metal tab on the top. Union Pacific contended that it provided Phillips with a reasonably safe place to work by training employees to be alert and attentive, keep their eyes on their path, and not wear loose clothing that posed a snagging risk. It also contended that the locomotive did not constitute a dangerous condition, as it was in the same condition as it was when it was received from the manufacturer and that employees walked by the subject hinges millions of times while wearing safety vests without being injured., Phillips claimed he twisted his knee and suffered a lumbosacral disc tear at the L5-S1 level. He was subsequently taken to a hospital on the night of the incident and was treated in the emergency room. Phillips claimed that his knee injury resolved after a few days, but that he ultimately required a lumbar fusion on April 2, 2013. He also underwent the implantation of a spinal cord stimulator on July 27, 2015. Phillips no longer works for the railroad and has been limited to sedentary work. However, Phillips attained his college degree in counseling while off work and is currently working for a youth group home. Thus, Phillips sought recovery of past and future loss of earnings, loss of household services, and non-economic damages for his pain and suffering.
