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Employment – FELA — LIA

By: WISCONSIN LAW JOURNAL STAFF//March 13, 2014//

Employment – FELA — LIA

By: WISCONSIN LAW JOURNAL STAFF//March 13, 2014//

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U.S. Court of Appeals for the Seventh Circuit

Civil

Employment – FELA — LIA

Where a railroad worker’s theory of negligence on the part of the railroad was improbable, but not impossible, the jury’s finding of negligence is affirmed.

“Though we may find Crompton’s theory improbable as far as the laws of physics are concerned, BNSF has produced no evidence to prove his theory impossible. The record contains ample evidence to support Crompton’s version of events as well as the jury’s inference that the front cab door of BNSF 5695 must have been defective in some way. Several BNSF employees testified that doors with a latch just like the one on the front cab door of BNSF 5695 came open from time to time without any outside manipulation. They also testified that BNSF was aware of these doors coming open, and held at least one meeting to discuss the issue. Crompton testified that on April 24, 2011, as the train approached Neilson Junction, he was sure that he latched the door; afterwards, the door stayed closed for almost a minute before it flew open and knocked him from the train. When ‘there is an evidentiary basis for the jury’s verdict, the jury is free to discard or disbelieve whatever facts are inconsistent with its conclusion.’ Lavender v. Kurn, 327 U.S. at 653. Here, the jury chose to believe Crompton’s version of events, and there was a reasonable basis in the record for it to do so. Since BNSF presented no evidence on appeal sufficient to disprove Crompton’s theory of causation, we will not disturb the jury’s verdict.”

Affirmed.

13-1686 Crompton v. BNSF Railway Co.

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Bauer, J.

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