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LUND v. SAN JOAQUIN VALLEY R.R.

No. S099479.

1 Cal.Rptr.3d 412 (2003)

31 Cal.4th 1

71 P.3d 770

Ronald G. LUND, Plaintiff and Respondent, v. SAN JOAQUIN VALLEY RAILROAD, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing September 24, 2003.

Attorney(s) appearing for the Case

Dowling, Aaron & Keeler, William T. McLaughlin II, Timothy R. Sullivan, Fresno; Lane Powell Spears Lubersky and Michael B. King for Defendant and Appellant.

Crosby, Heafey, Roach & May and Joseph P. Mascovich for Association of American Railroads as Amicus Curiae on behalf of Defendant and Appellant.

Crosby, Heafey, Roach & May, Joseph P. Mascovich; Brasher Law Firm and William A. Brasher for The Burlington Northern and Santa Fe Railway Company and Union Pacific Railroad Company as Amici Curiae on behalf of Defendant and Appellant.

Miller & Reivitis, Kimberly A. Miller, Michael E. Reivitis; and Charlotte E. Costan, Burbank, for Plaintiff and Respondent.

KENNARD, J.

Under the Federal Employers Liability Act (FELA), a railroad employee injured by the employer's negligence may sue the employer for negligence. The action may be filed in either a state or a federal court. (45 U.S.C. § 56.) This case raises two questions pertaining to actions brought in California courts.

First, should the trial court tell the jury that the injured employee is not entitled to...

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