Armstrong v. Kansas City Southern Railway Co.

Archie Armstrong (plaintiff) worked for the Louisiana & Arkansas Railway Company (L & A) (defendant) as a brakeman. During a nighttime train trip in 1978, L & A instructed Armstrong to get off the train at a railroad crossing to help with other railcars on a sidetrack. L & A called a taxi from Miller Cab Company (Miller) to drive Armstrong from the crossing to the railroad’s office. The taxi driver waited in the roadway in the dark without turning on the taxi’s emergency flashing lights. As Armstrong was getting into the taxi, another car rear-ended the taxi, injuring Armstrong. Armstrong sued L & A and L & A’s parent company, Kansas City Southern Railway Company (KCS) (defendant), in federal district court under the Federal Employers’ Liability Act (FELA). Under the FELA, railroad employees could recover damages for injuries caused by the negligence of any of the railroad’s officers, agents, or employees. L & A filed a third-party complaint against Miller, seeking indemnification under Louisiana law in case L & A was found liable to Armstrong. At trial, there was evidence suggesting that the taxi driver could not have pulled off the road onto the shoulder and that the driver who rear-ended the taxi should have seen the taxi. The jury found in Armstrong’s favor, concluding that the taxi driver’s negligence was a cause of Armstrong’s injuries. The district court entered judgment in accordance with the verdict. However, the district court dismissed L & A’s indemnity claim. The court disagreed with the jury and concluded that the collision resulted from the other driver’s negligence. The court further found that even if the taxi driver had been negligent, that negligence did not proximately cause Armstrong’s injury. L & A appealed.