Norfolk Southern Railway Company v. Mark A. Sumner

The Federal Employers Liability Act (FELA) provides that a railroad “shall be liable in damages” to an employee for an on-the-job injury “resulting in whole or in part from the negligence” of the railroad. 45 U.S.C. § 51. FELA embraces common-law negligence principles unless the statute contains “express language to the contrary.” Norfolk S. Ry. v. Sorrell, 549 U.S. 158, 165–66 (2007). This Court has read FELA’s “resulting in whole or in part” language to mean that the statute does “not incorporate any traditional common-law formulation of ‘proximate causation,’” but still requires the plaintiff to show that the railroad’s negligence was at least a but-for cause of his injury. CSX Transp., Inc. v. McBride, 564 U.S. 685, 694, 703–05 (2011); Rogers v. Mo. Pac. R.R., 352 U.S. 500, 506–09 (1957). The question presented is: Whether FELA permits liability when the plaintiff cannot meet the common-law standard of proof for but-for causation. (i)