Andrews v. Norfolk Southern Railroad Corp.

Illinois Appellate Court
Civil Court
Federal Employers’ Liability Act
Citation
Case Number: 
2017 IL App (1st) 153007
Decision Date: 
Wednesday, March 29, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
LAVIN

Plaintiff sued employer railway, under Federal Employers’ Liability Act (FELA), alleging injury due to employer’s negligence. Jury verdict for Plaintiff, and final judgment, after reduction for Plaintiff’s contributory fault, was $37,500. Posttrial dispute about how to satisfy monetary judgment; court properly determined that $37,500 was to be used to repay railroad money it had given Plaintiff for his injury before the suit, and before he had retained counsel. Section 55 of FELA explicitly grants a federal right to setoff by railroad employers against any judgment obtained by employee for employer-paid sums toward the injury. State courts must first apply federal setoff provision in such case. Plaintiff’s attorneys have no claim to any portion of net settlement.( FITZGERALD SMITH and PUCINSKI, concurring.)