No Locomotive Inspection Act, FELA claim for conductor who fell

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted July 21, 2020 11:00 AM

Today’s 7th Circuit case involves a troublesome question for the court. Did a Union Pacific conductor assembling a train to be put into use who slipped and fell on a spot on an engine’s exterior walkway have a cause of action under the Federal Employers’ Liability Act (FELA) or the Locomotive Inspection Act. The conductor did not see the spot before he fell, but later returned with a flashlight and found a spot from an oil leak.In LeDure v. Union Pacific Railroad Co., 2020 WL 3263897 (7th Cir. 2020), plaintiff Bradley …

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