Torts — FELA

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Wisconsin Court of Appeals

Civil

Torts — FELA

The relaxed foreseeable-harm standard under FELA applies even when the harm is caused by a third party’s criminal conduct.

“In sum, Dalka presented evidence at summary judgment and at trial that trespassers were a problem at the railyard, that Wisconsin Central was aware of the trespass problem, that the trespassers had committed crimes at the railyard, that Wisconsin Central knew trespassers could be intoxicated or mentally unstable, and that Wisconsin Central had not taken any proactive steps to prevent trespassers from entering the railyard. Those facts are sufficient to raise a genuine issue of fact regarding whether Dalka’s injuries, resulting from the criminal act of a third-party trespasser, were foreseeable under FELA’s relaxed standard.”

Affirmed.

Recommended for publication in the official reports.

2011AP398 Dalka v. Wisconsin Central, Ltd.

Dist. I, Milwaukee County, White, J., Brennan, J.

Attorneys: For Appellant: Baird, Brian D., Milwaukee; Cronin, Joshua B., Milwaukee; For Respondent: Gaines, Jeffrey S., Milwaukee; LeNeave, Randal W., Minneapolis, MN