Kelham v. CSX Transportation, Inc.

Federal 7th Circuit Court
Civil Court
Federal Employers’ Liability Act
Citation
Case Number: 
No. 16-1544
Decision Date: 
October 27, 2016
Federal District: 
N.D. Ind., Hammond Div.
Holding: 
Affirmed

Record contained sufficient evidence to support jury’s verdict in favor of defendant- railroad employer in plaintiff-employee’s FELA action alleging that railroad accident caused certain injuries to his back. Jury could properly believe defendant’s expert who contradicted plaintiff’s claim that instant collision between trains caused him to fall forward and injure his back, and jury could properly discount plaintiff’s claim that defendant’s expert failed to account for certain factors present in instant collision. Record also showed that plaintiff failed to tell anyone about his fall for days after accident, and that plaintiff had complained of similar back pain for long period of time prior to accident.