United States Seventh Circuit

In an action brought by an employee under the Federal Employers Liability Act seeking damages for injuries that occurred at a railroad yard, district court judgment is affirmed in part, reversed in part and remanded where: 1) defendant was liable for plaintiff's injuries under the Act, but plaintiff's own negligence made him 50 percent responsible for the accident as well; and 2) the court erred in awarding full damages after applying the exception under 45 U.S.C. sec. 53 and finding that a violation by the employer of a statute enacted for the safety of employees contributed to the accident, as 45 U.S.C. sec. 53 refers to any federal statute designed to promote railroad safety and the judge based the ruling on a violation of an inapplicable state law.

Appellate Information

• Argued 10/29/2008
• Decided 05/28/2009
• Published 05/28/2009

Judges

• POSNER, Circuit Judge., Before POSNER, MANION, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• William John McMahon (argued), Hoey & Farina, Chicago, IL, for Plaintiff-Appellee., Daniel J. Mohan, Daley (argued), Mohan & Groble, Chicago, IL, for Defendant-Appellant.