Thornton v. National Railroad Passenger Corp.

Milton Thornton (plaintiff) worked as a carman for the National Railroad Passenger Corporation (Amtrak) (defendant). On May 21, 1997, Thornton was replacing bolster springs on an Amtrak train car at a facility in New Orleans. Carmen at the New Orleans facility typically used wood blocking to support the train during this process so that the carmen could compress the springs and unscrew hanger nuts and bolts by hand. However, carmen at a Chicago Amtrak facility used metal blocking during bolster-spring changes. While Thornton was unscrewing the nuts and bolts, the wood blocking supporting the car gave way, and Thornton’s hands were pinned by machinery for approximately five minutes. Thornton suffered lacerations and fractures on both hands and lost one of his fingers. Thornton sued Amtrak to recover for his injuries. At trial, the court admitted an Amtrak Investigation Committee report from the date of Thornton’s accident, which included a suggestion that Amtrak build a piece of equipment that could be used instead of wood blocking to support the train cars’ spring planks. The court also admitted an Amtrak Accident Prevention Safety Alert from the date of Thornton’s accident, which also recommended using equipment other than wood blocking. Other evidence at trial included testimony from Amtrak employees that wood blocking was sufficient to allow carmen to safely replace bolster springs and that Thornton’s accident occurred because Thornton was using the equipment improperly. The jury ultimately found Amtrak 90 percent at fault for Thornton’s injuries and awarded damages. Amtrak appealed, arguing that the committee report and safety alert were evidence of subsequent remedial measures that the trial court improperly allowed Thornton to use to prove that Amtrak’s negligence caused Thornton’s injuries.