Munoz v. Norfolk Southern Railway Co.

Illinois Appellate Court
Civil Court
Federal Employers Liability Act
Citation
Case Number: 
2019 IL App (1st) 171009-B
Decision Date: 
Friday, June 28, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Reversed and remanded.
Justice: 
HYMAN

(Court opinion corrected 8/29/19.) Railroad freight conductor sued his employer under Federal Employee Liability Act (FELA), claiming negligence for injuries at work. Jury awarded him $821,000, including $310,000 for past and future lost wages.  Plaintiff's FELA award is subject to withholding under Railroad Retirement Tax Act (RRTA). FELA damages for lost wages qualify as "compensation" and are taxable under the RRTA. (MASON and WALKER, concurring.)