DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163687P.pdf 05/22/2017 Shawn Royal v. MO & Northern AR Railroad
U.S. Court of Appeals Case No: 16-3687
U.S. District Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Gruender, Author, with Murphy and Kelly, Circuit Judges]
Civil Case - Federal Employers' Liability Act. Royal, an employee of North
American Railway Services, an independent contractor providing maintenance
services to railroad companies, including Missouri & Northern Arkansas
Railroad Company (MNA), was injured while working for MNA. In Royal's suit
against MNA for damages under the Federal Employers' Liability Act and for
negligence under Arkansas law, the district court's grant of summary
judgment to MNA is affirmed. Royal was not an employee of MNA, a borrowed
servant, a dual servant or a subservant, as no reasonable jury could find
that MNA controlled or had the right to control Royal's work. MNA did not
have a duty to warn Royal of the well-known dangers and the negligence
claim fails as a matter of law.