CLUCK v. UNION PACIFIC R. CO.

No. SC 91617.

367 S.W.3d 25 (2012)

Eddie CLUCK, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 3, 2012.


Attorney(s) appearing for the Case

Stephen H. Ringkamp , Hulverson Law Firm, St. Louis, Charles W. Armbruster III , Michael T. Blotevogel , Roy C. Dripps , Armbruster, Dripps, Winterscheidt & Blotevogel LLC, Alton, IL, Jose Bautista , Bautista Allen , Kansas City, for Cluck.

Craig M. Leff , James M. Yeretsky , Gregory F. Maher , Christopher Confer , Spencer Throssell , Yeretsky & Maher LLC, Kansas City, for Union Pacific.

Steven L. Groves , Holland, Groves, Schneller & Stolze LLC, Stephen H. Ringkamp , Hulverson Law Firm, St. Louis, for Missouri Association of Trial Attorneys, which submitted a brief as a friend of the Court.


MARY R. RUSSELL, Judge.

The issues presented in this case arise from a vicarious liability claim under the Federal Employer's Liability Act (FELA), 45 U.S.C. section 51, against a railroad for the injury of an employee caused by a co-employee. A railroad employee was injured when his co-employee's personal pistol accidentally discharged. The pistol was packed in the co-employee's luggage and discharged while the employee unloaded the luggage from a railroad crew van...

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