In Sells, a railroad employee died from cardiac arrest on a remote railroad worksite. The employee’s widow argued that the railroad, CSX Transportation, Inc., negligently failed to anticipate and provide the employee with medical care. The trial court granted a directed verdict in favor of CSX. The First District Court of Appeal affirmed, holding that under the Federal Employers’ Liability Act (“FELA”), CSX had no pre-emergency duty to take preventive actions in anticipation of non-work-related medical emergencies.
However, the question before the Court—whether a railroad has a duty under FELA to anticipate and plan for non-work-related medical emergencies suffered by on-duty employees—had not been addressed by any other appellate court in Florida. The Court initially accepted jurisdiction. In an amicus brief, the Florida Justice Reform Institute argued that jurisdiction had been improvidently granted, as there was no express and direct conflict. The Florida Supreme Court agreed, and after oral argument discharged jurisdiction of the case. The estate asked the Florida Supreme Court to take jurisdiction of the case, arguing that the First District’s decision conflicted with other Florida appellate court decisions construing similar duties of care.
FJRI represented by Mark K. Delegal and Tiffany A. Roddenbury of Holland & Knight LLP, and William W. Large.