Is a Locomotive In Use and Therefore Subject to Locomotive Inspection Act Liability When It Makes a Temporary Stop?

Abstract

Case at a Glance: LeDure v. Union Pacific Railroad Company. Bradley LeDure, a long-time locomotive engineer for Union Pacific, slipped on the slick surface of a locomotive while it was idle but powered on, seriously injuring himself. If Union Pacific violated safety regulations under the Locomotive Inspection Act, then it would be negligent per se. But that theory of liability is only available if the locomotive was in use at the time of the accident. The case presents a question of statutory interpretation of the term use.

Keywords: labor and employment, Supreme Court of the United States, SCOTUS, LeDure v. Union Pacific Railroad Company, statutory interpretation, negligence, safety, Locomotive Inspection Act

JEL Classification: K10, K31