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

Preview of United States Supreme Court Cases, Vol. 49, Issue 6

WVU College of Law Research Paper No. 2022-007

4 Pages Posted: 1 Apr 2022

See all articles by Anne Marie Lofaso

Anne Marie Lofaso

West Virginia University - College of Law

Date Written: March 1, 2022

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

Suggested Citation

Lofaso, Anne Marie, Is a Locomotive In Use and Therefore Subject to Locomotive Inspection Act Liability When It Makes a Temporary Stop? (March 1, 2022). Preview of United States Supreme Court Cases, Vol. 49, Issue 6, WVU College of Law Research Paper No. 2022-007, Available at SSRN: https://ssrn.com/abstract=4071959 or http://dx.doi.org/10.2139/ssrn.4071959

Anne Marie Lofaso (Contact Author)

West Virginia University - College of Law ( email )

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