Date: 10-18-2024

Case Style:

Dustin Bain v. South Kansas and Oklahoma Railroad, L.L.C.

Case Number: 6:23-cv-01272

Judge: Kathryn H. Vratil

Court: United States District Court for the District of Kansas (Sedgwick County)

Plaintiff's Attorney:

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Defendant's Attorney: Craig M. Leff

Description:

Wichita, Kansas Federal Employer's Liability Act personal injury lawyer represented the Plaintiff.

The Federal Employers' Liability Act (FELA) is a federal law that gives railroad workers the right to sue their employer for damages if they are injured, sickened, or killed on the job. FELA was passed by Congress in 1908 to improve safety on the railroads and compensate injured workers.

Here are some key aspects of FELA:

Who is covered

FELA applies to railroad workers and their employees who are engaged in interstate commerce.
What injuries are covered
FELA covers a wide range of injuries, including those caused by repetitive motion, chemical exposure, and hazards on the tracks.

How to establish a case

To recover damages, a worker must establish that the accident occurred during the course of their employment and that the railroad was negligent.

Liability

The employer is liable for injuries that result from their negligence, even if the employee was also at fault. However, the employee's negligence may reduce the amount of damages awarded.

Statute of limitations

Claims must be filed within three years of the cause of action occurring or being discovered.

Where to file a claim

A claim can be filed in a district court of the United States in the district where the defendant resides, where the cause of action arose, or where the defendant is doing business.

Seeing a doctor

Injured workers should see their own doctor, preferably one who is not associated with the railroad.


The South Kansas and Oklahoma Railroad (SKOL) is a railroad that transports a variety of commodities, including grain, coal, cement, steel, and chemicals. The SKOL has 730.34 miles of track and several interchange points, including:

Coffeyville, KS: Interchanges with UP
Columbus, KS: Interchanges with BNSF
Pittsburg, KS: Interchanges with CPKC
Wichita, KS: Interchanges with KO
Winfield, KS: Interchanges with BNSF and UP
Tulsa, OK: Interchanges with BNSF, SLWC, and UP via BNSF
Tulsa Port of Catoosa, OK: Interchanges with PC

Here are some other details about the SKOL:

The SKOL was formed in 1990 under Kansas Law.
The SKOL acquired 287 miles of rail lines from the Santa Fe in 1990.
The SKOL merged with the Southeast Kansas Railroad Company (SEKR) in 2000.
The SKOL's physical address is 123 N Depot St, Cherryvale, KS 67335-1336.
The SKOL's phone number is (620) 336-2291.
The SKOL's mailing address is 315 W 3rd St, Pittsburg, KS 66762.

Outcome: Parties shall file stipulation of dismissal by 12/15/2024. Should the parties move to reopen the case within the allotted timeframe, they should be prepared to proceed with trial on the previouslyscheduled date of February 3, 2025. The parties are reminded that settlement negotiations, execution of final settlement paperwork and/or performance of a settlement agreement will not constitute grounds to continue the trial. Signed by District Judge Kathryn H. Vratil on 10/18/2024. (msb) (Entered: 10/18/2024)

Plaintiff's Experts:

Defendant's Experts:

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