FELA, or the Federal Employment Liability Act assures railroad employees a safe work place and gives them and their families the right to recover compensation if injured in a railroad related accident. Under FELA, injured employees can seek compensation for wage loss, future wage loss, medical expenses and treatments, pain and suffering, and for partial or permanent disability. All railroad solvent exposure lawsuits have been filed under FELA.
FELA Case Tossed on Appeal
-November 29, 2005
A federal appeals judge has tossed out a FELA case due to improper forum. According to Stephen McGlynn, Fifth District Appellate Court Judge in Illinois, the Madison County, Illinois lawsuit filed by Missouri railroad worker Patrick McGinty 'stretches the bounds' for appropriate venue. The appeal decision argues the FELA claimant's brief travels through Madison County are not sufficient to argue that his railroad-related repetitive stress injuries occurred within the County.
In 2003, Mr. McGinty filed a FELA lawsuit against Norfolk Southern Railroad claiming the company was responsible for repetitive stress injuries to his back, shoulders, neck, and knees. These injuries developed over the thirty years McGinty worked for Norfolk. According to McGinty, he worked for a brief period of time in Madison County performing work for Norfolk. Because his injuries developed over time, he argues, some of the injuries took place in Madison County.
During the original trial in September 2004, the judge dismissed Norfolk's request to dismiss the case due to improper venue. This led Norfolk to appeal, arguing the claim lacked a sufficient link to Madison County. During the FELA case, Norfolk argued, McGinty wasn't able to tie his injuries to a specific incident in Madison County. Therefore, it was argued, the case stretched the boundaries of the "forum non conveniens" doctrine, making Madison County an inappropriate location to hear the case.
Two of the three appeals judges ruled to toss the FELA case, though the third dissented. Judge James Donavan dissented from the majority, saying, "The citizens of Missouri and Illinois appear to have equal interests in ensuring that both parties receive a fair trial." He argued that Illinois citizens have an interest in hearing this FELA case and awarding fair compensation if the allegations proved true. Unfortunately, the FELA case was tossed out.