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William D. Conn v. Wisconsin Central, Ltd.
Case Number: 2:22-cv-00028
Judge: Lynn Adelman
Court: United States District Court for the Eastern District of Wisconsin (Milwaukee County)
Defendant's Attorney: James D Helenhouse and Thomas C Paschalis
Description: Milwaukee, Wisconsin personal injury railroad accident lawyers represented Plaintiff who sued Defendant on a Railways: Fed. Employer's Liability Act theory.
The Federal Employers Liability Act (FELA), codified at 45 U.S.C.S. § 51-60, governs the right of railroad employees injured, sickened or killed in the course of their employment through an employer’s negligence to sue the employer for damages. 45 U.S.C. § 51 (2006). The personal representative a railroad employee killed in the course of employment may bring suit against the employer for the benefit of the deceased employee’s surviving spouse, children, parents, or any dependant relative. id. A railroad employer will be liable for an employee’s injuries resulting in whole or in part from the employer’s negligence. 45 U.S.C. § 52 (2006). The Act prohibits an employee’s recovery to be denied on the basis of contributory negligence, but the proportion of negligence attributable to the employee may reduce any damage award by that amount. 45 U.S.C.A. § 53 (2006). There can be no finding of contributory negligence if it is shown that an employer’s violation of a railway safety statute played any role in an employee’s injury. id. Employees cannot be held to have assumed the risk of employment when an employer’s negligence has contributed to an employee’s injury, or when the employer has violated a safety statute. 45 U.S.C. § 54 (2006). Federal cases have held that the causation standard for FELA claims is lower than that of common law negligence claims. FELA actions must be brought within three years of the date the cause of action accrued. 45 U.S.C. § 56 (2006).
Outcome: Settled for an undisclosed sum and dismissed with prejudice.