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No. 126609
| Grand Trunk Western Railroad, Inc., |
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Joseph J. McDonnell |
Plaintiff-Appellee, |
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vs (Wayne - Murphy, J.) |
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| Auto Warehousing Company, |
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Rick J. Patterson |
Defendant-Appellant. |
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| ______________________________________ |
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Plaintiff-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Plainitff-Appellee's Supplemental Brief>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief>>
Defendant-Appellant's Reply Brief>>
Background
In December 1997, Terry Thomas, a brakeman/conductor employed by the plaintiff Grand Trunk Western Railroad, was injured in a work accident. Thomas sued the railroad, seeking recovery for his injuries under the Federal Employers' Liability Act (FELA), 45 USC 51 et seq. After he was injured again in a 1999 work accident, Thomas amended his complaint against the railroad to add a claim for the second accident, which occurred on premises leased by Auto Warehousing from Grand Trunk Railroad. The lease agreement between Auto Warehousing and the railroad provided that Auto Warehousing would reimburse the railroad for certain injuries that occurred on the premises. After Thomas amended his complaint, the railroad notified Auto Warehousing of the claim and asked Auto Warehousing to defend it in the lawsuit and take responsibility for any payment made to Thomas for the 1999 accident. Auto Warehousing refused. The railroad filed this third-party action for indemnity, and the case was consolidated with Thomas' lawsuit. The railroad then notified Auto Warehousing that it intended to settle both of Thomas' FELA claims for $725,000, with $625,000 allocated to Thomas' 1999 injury. Auto Warehousing declined the settlement. The trial court found that Auto Warehousing was responsible for part of the settlement, and entered a judgment of $625,000 against Auto Warehousing and in favor of the railroad. The Court of Appeals affirmed in a published opinion. Auto Warehousing appeals.
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