Section 3.3 Effect of Whitehead & Kales

• Library: Settling Cases 2014

Robert Sampson worked for General Motors inspecting automobiles that were loaded on railroad cars. The Missouri Pacific Railroad furnished automobile carrier railroad cars to haul the automobiles, and Sampson was injured when he fell 14 feet from the top of one of these cars. Sampson sued the railroad for his injuries, claiming that it was negligent in furnishing a railroad car that did not have adequate safety devices. The jury agreed and awarded Sampson $300,000 in damages. The Supreme Court of Missouri affirmed Sampson’s judgment. Sampson v. Mo. Pac. R.R. Co., 560 S.W.2d 573 (Mo. banc 1978).

Sampson chose—as was his right—to restrict...