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Thursday, October 27, 2016

Ind. Decisions - 7th Circuit decides one Indiana case today

In Chance Kelham v. CSX Transportation, Inc. (ND Ind., Rodovich, Magistrate Judge), a 6-page opinion, Judge Posner writes:

The plaintiff, Chance Kelham, a railroad engineer, sued the railroad that employed him, ac‐ cusing it of having negligently caused him to be injured, for which he seeks compensation under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51 et seq. The case was tried to a jury, which exonerated the railroad, precipitating this appeal. * * *

It was not unreasonable for a jury to find that Kelham had fabricated the claim that he was injured by the lurch, as unless the railroad bought his story it would not be required by the Federal Employers’ Liability Act to compensate Kelham for the cost of the surgery that he needed to repair the consequences of pre‐accident ailments for which the railroad was not responsible. The jury was entitled to conclude that the negligence of the railroad that resulted in the collision and ensuing lurch had no causal relation to his injuries—that, to repeat, the injuries were the product of ailments that preceded the lurch.     AFFIRMED

Posted by Marcia Oddi on October 27, 2016 01:20 PM
Posted to Ind. (7th Cir.) Decisions