VERDICT: Defense, FELA, foot injury while attempting to board moving car resulting in BK amputation. [Read more…]
FELA, release rescission, supervisory control
FELA: Supervisory control of Macek denied as to grant of FELA release rescission… order. [Read more…]
RR crossing negligence, ICCTA preemption
RR CROSSING NEGLIGENCE: Reconsideration of summary judgment for RR in pedestrian snow/ice slip & fall based on ICCTA preemption denied… Watters. [Read more…]
RR crossing negligence, ice/snow slip & fall
RR CROSSING NEGLIGENCE: City did not owe or breach duty to pedestrian who slipped on snow & ice on pedestrian part of crossing of city street which is also state highway… State owed common law duty to maintain crossing in reasonably safe [Read more…]
Comp exclusivity, failed truck brakes
COMP EXCLUSIVITY: Summary judgment precluded by fact issues as to whether employer failed to properly maintain/repair/replace truck brakes with actual knowledge that injury to driver was certain… Plaintiff allowed to assert punitives based on alleged malicious/fraudulent conduct… [Read more…]