United States First Circuit

In consolidated negligence actions under the Federal Employers' Liability Act (FELA) against two railroad defendants brought by a former employee, the district court's judgment in favor of the defendants is affirmed, where: 1) no fact-finder could reasonably have inferred that the plaintiff first became aware of a work connection with his knee pain and neck injury within the period of limitation; 2) there was no error in entering judgment as a matter of law on negligence claims based on inadequate tools and failure to obtain ergonomic studies of the activities required to perform the plaintiff's various jobs; and 3) it was not reversible error to admit collateral source evidence that the plaintiff was receiving disability benefits under the Railroad Retirement Act.

Appellate Information

• Decided 05/18/2012
• Published 05/18/2012

Judges

• Souter

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas J. Joyce, III, Andrew E. Tauber