Plaintiff, a locomotive conductor, filed suit under federal Employers' Liability Act (FELA) against railway for knee injury allegedly suffered at work when he tried to step up onto bottom step of locomotive. Court erred in granting railway's motion for summary judgment and denying Plaintiff's motion for summary judgment. Locomotive unit which Plaintiff and his crew were sent to retrieve, was "in use" at time of injury, for purpose of Locomotive Inspection Act. Plaintiff met his burden to prove proximate cause, which is much less stringent burden in FELA action than in ordinary common-law negligence action. To avoid summary judgment on causation, Plaintiff in FELA action need only elicit evidence that Defendant's negligence played any part in bringing about Plaintiff's injury.(LYTTON and WRIGHT, concurring.)
Illinois Appellate Court
Civil Court
Federal Employers’ Liability Act