finding that given the nature of the employer and employee relationship, the employer had no duty to provide defibrillators to employees working in remote locations
How later courts described this case
- finding that given the nature of the employer and employee relationship, the employer had no duty to provide defibrillators to employees working in remote locations
Written by the judges who cited it.
The opinion
SWANSON, J.,
concurring in part and dissenting in part.
In recognition of the fact that I am in the minority in the disposition of this appeal, I defer to the majority’s decision on the motion for rehearing or rehearing en *56 banc, and therefore concur with the denial in this aspect. However, I would grant the motion regarding the request for certification, and I would certify the following question:
DOES A RAILROAD'S DUTY UNDER THE FEDERAL EMPLOYER’S LIABILITY ACT, 45 U.S.C. § 51 , TO PROVIDE EMPLOYEES WITH A SAFE WORK PLACE WITH PROMPT MEDICAL CARE INCLUDE REASONABLY ANTICIPATING FORESEEABLE MEDICAL EMERGENCIES AND THE PROBLEMS THAT MAY ARISE IF THEY OCCUR IN A REMOTE AREA?