Summary judgment in FELA case upheld and new laws enacted as a result
Our client, an international transportation company, was sued by an employee under the Federal Employers Liability Act (FELA). The employee claimed a back injury due to the vibrations coming through the seat of a locomotive. We were able show through the employee’s own medical records and testimony he had discussed this injury with this physician outside the statute of limitations, which is three years. The trial court granted us summary judgment on the statute of limitations issue. The Plaintiff appealed the judgment which was upheld on appeal by the State’s Supreme Court. Not only was the judgment upheld on appeal, but the Court enacted a new point of law as a result for FELA cases in that State.