United States Seventh Circuit

Judgment for defendant in a personal injury case is affirmed where instructing the jury to deliberate on damages regardless of its findings on liability was not error, but reversed where a federal regulation imposed a duty on the railroad to control trackside vegetation and the district court should have so instructed the jury.

Appellate Information

• Argued 11/08/2005
• Decided 07/20/2006
• Published 07/20/2006

Judges

• SYKES, Circuit Judge., Before CUDAHY, KANNE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Steven P. Garmisa (argued), Hoey & Farina, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• William H. Frazier (argued), Godfrey, Braun & Frazier, Milwaukee, WI, for Defendant-Appellee.