West Virginia University College of Law professor Anne Marie Lofaso recently published new work in the ABA's PREVIEW of United States Supreme Court Cases. Professor Lofaso writes commentary on LeDure v. Union Pacific Railroad Company, Docket No. 20-807, an upcoming labor and employment law case. It is titled "Is a Locomotive In Use and Therefore Subject to Locomotive Inspection Act Liability When It Makes a Temporary Stop?" Professor Lofaso's contribution appears in volume 49, issue 6 of the journal, published in March 2022.
Case at a Glance:
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.
Find more of Professor Lofaso's scholarship on SSRN and her SelectedWorks scholarship profile.