LeDure v. Union Pacific: Locomotive Inspection Act case law stays intact and “in use” for now

(Source: JD Supra, April 29, 2022)

WASHINGTON, D.C. — Interpretation of the phrase “in use” as used in the Locomotive Inspection Act (LIA) continues to baffle courts across the country, including the Supreme Court of the United States. On April 28, 2022, the Supreme Court let stand a Seventh Circuit decision that held Union Pacific was not liable for injuries an engineer suffered when he slipped and fell preparing a train to depart an Illinois rail yard. Bradley LeDure v. Union Pac. R.R. Co., case number 20-807. The deadlocked Court left intact the Seventh Circuit’s finding that a train sitting on a sidetrack in preparation for departure is not “in use” under the LIA. The LIA and its corresponding regulations require railroads to keep locomotive walkways clear of hazards while the locomotive is “in use.” The relevant language states a “railroad carrier may use or allow to be used” on “its railroad lines” a locomotive “only” if the locomotive meets the statutory safety requirements.

Full story: JD Supra